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The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.
To qualify for H-2B nonimmigrant classification:
- The employer must establish that its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as permanent or temporary. The employer’s need is considered temporary if it is a one-time occurrence, a seasonal need, a peak-load need, or an intermittent need.
- The employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work.
- The employer must show that the employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
- Generally, a single, valid temporary labor certification from the U.S. Department of Labor (DOL), or, in the case where the workers will be employed on Guam, from the Governor of Guam, must be submitted with the H-2B petition. (Exception: an employer is not required to submit a temporary labor certification with its petition if it is requesting H-2B employment in a position for which the DOL does not require the filing of a temporary labor certification application).
Please note: There are exemptions to the cap. Persons under the following categories do not count toward the H-2B cap:
1. Any existing H-2B workers (or their spouses and children) who extends his/her stay;
2. Any fish roe processors, fish roe technicians, or supervisors of fish roe processing; or
3. Workers performing labor in the Commonwealth of the Northern Mariana Islands (CNMI) and/or Guam.
Any unused/non-issued visas that remain at the end of the first half of the year are made available to employers seeking to hire such temporary non-immigrant workers during the second half of the year.
Have questions as to how we can help you meet your H-2B needs? Please call Ed Swaray today at 763-549-0670 and bring us your concerns.