H-2B Visa for Temporary Non-Agricultural Work in the United States
The H-2B visa allows U.S. employers to hire foreign workers for temporary non-agricultural jobs when there are not enough U.S. workers available.
It is a non-immigrant visa, subject to annual quotas (cap) and strict regulation by the Department of Labor (DOL) and USCIS, making a precise and advanced legal strategy essential.
What is the H-2B Visa
The H-2B visa authorizes foreign workers to legally enter the United States to perform temporary work outside the agricultural sector, under the sponsorship of an approved U.S. employer.
It applies to industries such as hospitality, tourism, construction, landscaping, cleaning, food processing, entertainment, and seasonal services.
How the H-2B Visa Program Works
The H-2B program requires the employer to demonstrate a legitimate temporary need, which can be:
- Seasonal
- Peak load
- Intermittent
- One-time event
At LOIGICA we analyze the process from two perspectives:
- Non-agricultural employers who need temporary labor.
- Foreign workers applying under H-2B sponsorship.
For Non-Agricultural Employers
The employer must demonstrate that:
- The need for the position is temporary.
- There are not enough U.S. workers available.
- Foreign hiring will not affect local wages or working conditions.
The process begins before the Department of Labor (DOL), continues with USCIS, and ends with the consular process.
Coverage of seasonal demand.
Business continuity.
Hiring in compliance with the law.
- Non-agricultural business in the U.S.
- Temporary need.
- Local recruitment. Prior attempt at local hiring.
- Mandatory salary compliance.
- H-2B quota availability.
For Temporary Workers
Workers can only apply for the H-2B visa if they have an approved U.S. employer to sponsor them within the available quota.
The visa allows legal work in the U.S. for the period authorized in the labor certification.
- Authorized employment in the U.S.
- Regulated contract.
- Wages in compliance with the law.
- Legal return.
- Job offer and authorized employer.
- Temporary work.
- Return upon contract completion.
- Consular process. Interview and approved visa.
We support employers and workers at all stages of the H-2B process, focusing on timing, compliance, and quota availability.
- Analysis of eligibility and type of need.
- H-2B strategy. Planning according to cap and calendar.
- Management before DOL for labor certification.
- Preparation of form I-129 and subsequent petition to USCIS.
- Consular process. Coordination of visas and entries.
- Ongoing support and prevention of penalties.
Secure your temporary non-agricultural workforce with the H-2B visa.
Frequently Asked Questions about the H-2B Visa
No. It is a temporary nonimmigrant visa.
H-2A is for agricultural work; H-2B is for temporary non-agricultural work.
Yes. The H-2B is subject to an annual cap established by the government.
No, the visa is tied to the sponsoring employer.
Yes, under H-4 status, without work authorization.