H-2B Visa: Temporary Work in the U.S. for Non-Agricultural Jobs

The H-2B visa allows foreign nationals to work temporarily in the United States in non-agricultural, seasonal, or short-term jobs. It’s a valuable tool for U.S. employers facing labor shortages and for workers seeking temporary employment abroad.

We help employers and workers navigate the H-2B process from start to finish—ensuring compliance and maximizing approval chances.

What Is the H-2B Visa?

The H-2B is a nonimmigrant visa designed for foreign workers who are hired to perform temporary, non-agricultural jobs when no qualified U.S. workers are available. It is commonly used in industries such as:

• Hospitality and tourism

• Landscaping

• Construction

• Housekeeping

• Seafood and food processing

• Amusement and recreation

This visa is not for permanent roles. It applies only to jobs that are seasonal, intermittent, peak-load, or one-time needs.

How Long Can You Stay?

• The H-2B visa is typically granted for up to 1 year

• It can be renewed, but the maximum stay is 3 years

• After 3 years, the worker must leave the U.S. for at least 3 months before applying again

What Employers Must Do

Before a worker can apply, the U.S. employer must:

• Obtain a temporary labor certification from the Department of Labor

• Prove the job is truly temporary

• Demonstrate active recruitment efforts to hire U.S. workers, with no success

Only after these steps are completed can a job offer be extended to a foreign worker for H-2B sponsorship.

Worker Rights and Protections

H-2B visa holders are protected under U.S. labor laws. Employers must:

• Pay the prevailing wage for the job and region

• Provide safe and appropriate housing, if needed

• Cover transportation to and from the work location

• Supply all required tools and equipment

• Enroll workers in workers’ compensation insurance for on-the-job injuries

These protections are in place to ensure fair treatment and safety for all H-2B workers.

Important Limitations

• The H-2B visa does not provide a path to permanent residency

• There is an annual cap, with a limited number of H-2B visas available each fiscal year

• The application process can be lengthy and documentation-heavy, especially for employers

Still, for both employers and workers, the H-2B visa offers meaningful economic opportunity and valuable international work experience.

How U.S. Immigration Counsel Can Help

Whether you’re a business facing seasonal labor shortages or a skilled worker seeking opportunity abroad, our legal team can guide you through the complex H-2B process.

We assist with:

• Labor certification and employer compliance

• Application preparation and document collection

• Timing strategies for renewals and re-entry

• Ensuring that all steps meet federal requirements