Thursday, 27 September 2012

USA H2B Visa

H-2B Temporary Non-Agricultural Workers

The H-2B  program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. employer, or U.S. agent as described in the regulations, must file Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf.
The H-2B nonimmigrant program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent. There is a 66,000 per year limit on the number of foreign workers who may receive H-2B status during each USCIS fiscal year (October through September). As of November 2006, the cap for the first six months of fiscal year 2007 had been reached. Workers already in H-2B status and returning H-2B workers do not count towards the cap.

Who May Qualify for H-2B Classification
To qualify for H-2B nonimmigrant classification, the petitioner must establish that:

  • There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
  • The employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.  The employer’s need is considered temporary .


  • one-time occurrence – A petitioner claiming a one-time occurrence must show that it has:
  • Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future; or
  • An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.                                                                                                  or

  • seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:
  • Traditionally tied to a season of the year by an event or pattern; and
  • Of a recurring nature.
  Note: Employment is not seasonal if the period during which the service or labor is needed is:
  • Unpredictable;
  • Subject to change; or
  • Considered a vacation period for the employer's permanent employees.                                                         or
  • peakload need – A petitioner claiming a peakload need must show that it:
  • Regularly employs permanent workers to perform the services or labor at the place of employment;
  • Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and
  • The temporary additions to staff will not become part of the employer's regular operation.  

  • intermittent need – A petitioner claiming an intermittent need must show that it:
  • Has not employed permanent or full-time workers to perform the services or labor; and
  • Occasionally or intermittently needs temporary workers to perform services or labor for short periods.

Er Ashima Patel

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