H2-B is for skilled or unskilled non-US workers who are required to meet temporary or seasonal needs in positions for which qualified US workers are not available.
The H-2B applies to an applicant coming temporarily to engage in non-agricultural employment, the need for labor which can be classified as:
- peak load and/or
- one-time occurrence
It is not sufficient for a petitioning US company to simply state that the need qualifies in 1 of the temporary need categories, it is necessary that sufficient documentation be submitted which demonstrates how both the US company’s need for services is temporary as well the fact that the services provided will be temporary.
For the H2-B petition, the US petitioning company must demonstrate to the Department of Labor (DOL) it is unable to hire a sufficient amount of US workers to fill its temporary need. This is done through strictly regulated advertising in local newspapers and revealing the results of the labor search in the United States to the DOL.
A single petition may cover multiple workers and the workers do not necessarily have to be named individually. There is currently an annual cap of 66,000 visas for H-2B workers.