H-2B VISAS

US employers can hire foreign workers through H-2B visas to perform temporary non-agricultural labor. Like the H-2A program, the H-2B program requires that the job fill a temporary need and is often used for seasonal work. Some industries that commonly hire H-2B workers include hospitality (especially in seasonal resort areas), landscaping, seafood processing, and tourism. Approved workers enter the US for the period of the employer’s temporary need, generally two months to nearly a year, with extensions possible in limited circumstances. Unlike the H-2A category, H-2B visas are subject to an annual cap of 66,000.

Workers processing fish on an industrial conveyor line in a modern food factory Focus on safety hygiene and efficiency in food manufacturing and packaging operations.
Full length view of two male tree surgeons standing together discussing plans and strategies. They are wearing work attire and hi-vis jackets while surrounded by towering trees in a forest in Northumberland, North East England. They are examining a fallen tree from a forest floor.
Young hotel maid making the bed with clean fresh towels
African American mechanic engineer worker is choosing copper tub

Before a business can hire foreign workers through the H-2B visa program, it must demonstrate that doing so won’t adversely impact native workers, including by meeting these three requirements:

1. Prevailing Wage Test

Employers must request a Prevailing Wage Test Determination from DOL and meet it.

2. Active Recruitment Test

Employers must conduct a good-faith search for US workers, including filing job orders with the State Workforce Agency (SWA) 75–90 days before the start date, advertising in newspapers, contacting former workers, and posting notices of the job opening at the place of employment.

3. US Worker Priority

During the recruitment period, the employer must hire any able, willing, qualified, and available US applicant.

To further protect US workers, H-2B employers must also guarantee that they provide the same wages, benefits, and worker conditions to US and foreign workers for the same job.