H2B Visa

For employers with a short-term or temporary labor need, the H-2B visa allows employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature for a limited period of time such as

• one-time occurrence
• seasonal need
• peakload need
• intermittent need.

The H-2B program requires the employer to attest to the Department of Labor through a Labor Certification that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire period of the approved H-2B labor certification. Once the certification is approved by the Department of Labor the employer may apply for the work visa for the foreign worker.