H-2B Visa for temporary workers in the U.S.

This type of visa serves workers who are hired on a temporary basis by U.S. companies to fill a temporary need for personnel generated by a U.S. company:

• A single occurrence situation
  The employee’s need for the work was demonstrated by the fact of not having needed and not needing in the future workers to perform that work or that this work was extralimited by a temporary event, of short duration and single occurrence that generated the need for that employee.
• A seasonal work
  a seasonal work, demonstrated by its relationship to a season of the year, an event or pattern of events of a recurring nature, predictable, not subject to change and not dependent on the vacation of regular workers.
• Peak load
  Peak load, demonstrated by the need to supplement the permanent work team, due to a seasonal or short-term demand, with workers who will not be part of the company’s regular operation at a later date.
• Intermittent need
  demonstrated by the fact that it has not previously hired permanent workers to perform this work and that its need appears intermittently during short periods of time.

Conditions

• It is only allowed to carry out temporary work, with prior authorization from the competent authorities.
• With each new contract, including extensions, a new authorization must be requested.
• Each H-B2 visa will be valid for a period equal to or less than the period of the authorization granted, up to a maximum of 1 year.
• The worker may only remain in U.S. territory for up to 3 years, after which the worker must leave the U.S. for at least 3 months before applying for a new visa.
• Allows the entry of spouse and children under 21 years of age under the H-4B visa, which does not allow them to work.

Quotas

The total number of possible quotas for this type of visa is 66,000 for the entire fiscal year, divided into 33,000 for each semester.

H-2B visa requirements for temporary workers in the U.S.

On the employer’s side:

1. Obtain valid temporary employment certification issued by the Department of Labor (DOL) or the Guam Department of Labor (GUAM DOL), if applicable.

On the part of the employee:

Request

By the employer:

1. Obtain DOL or GUAM DOL certification.
2. File a completed Form I-129 with the USCIS.

By the employee, in case of being outside the U.S. territory:

1. Apply for an H-2B visa from the Department of State (DOS) at the appropriate embassy or consulate.
2. Apply for admission to the territory to Customs and Border Protection (CBP) at a port of entry.

To be taken into account

The application, as well as any fees related to the petition for this type of visa, must be paid by the employer; if payment is required from the employee, the DOL will deny the authorization.