H-2B Temporary Non-Agricultural Workers

Are you having trouble finding workers because of the seasonality of your business? Do you only need a worker one-time? This program might be for you.

To qualify for the H-2B program, the company must establish that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work. In addition, the need for the worker's services or labor must be temporary and fit into one of four types of need:

One time occurrence
Seasonal need
Peakload need
Intermittent Need

Keep reading for more information on each type of need and examples.

One time occurrence
"The Olympics Staff"

The employer has not employed workers to perform the services or labor in the past, and the employer will not need workers to perform this in the future; or
The petitioner has an employment situation that is otherwise permanent, but a temporary event of short duration has created a need for temporary workers.

An example of this is for a sports event like the Olympics. A company may need employees for only one event and then they're done.

Seasonal Need
"The Landscaper"

A “seasonal need” is one that is traditionally tied to a season of the year by an event or pattern and is of a recurring nature.
It need not be traditional season; holiday shopping seasons or fishing seasons can also be considered seasonal.

An example of this is the Midwest landscaper who works during the growing season.

Peakload Need
"The Manufacturer"

The employer must regularly employ permanent workers and need to supplement its staff on a temporary basis due to a seasonal or short-term demand.
The temporary additions to staff cannot become a part of the employer's regular operation.

An example of this is a manufacturing company which has an influx of orders during a certain period of time.

Intermittent Need

"The Commemorator"

The employer must not have employed permanent or full-time workers to perform the service or labor, but occasionally or intermittently needs temporary workers to perform services or labor for short periods.

An example of this is a company which produces a limited edition, commemorative product from time to time and not on a fixed schedule, such as for royal weddings.

Steps

01 APPLY AT DEPARTMENT OF LABOR

02 RECRUIT US WORKERS

03 PETITION FOR WORKERS WITH IMMIGRATION

04 BRING FOREIGN WORKERS TO USA

Overview of the Process

With only 66,000 visas available per year, this is a highly sought-after program. Because of the competitive nature of the program, it is extremely important to be timely applying. When you need workers determines when you can apply. Generally, an employer should start by requesting a prevailing wage determination from the Department of Labor at a minimum of 150 days before the start date of need. The prevailing wage determination is based on the specific job duties and location of work.

Then, the employer submits an application for temporary labor certification to the Department of Labor 75-90 days before the start date of need. The Department of Labor will review the application and, if accepted for processing, direct the employer to conduct recruitment of United States workers. This is done through the State Workforce Agency, the Department of Labor's Seasonal Jobs website, and by the employer itself. Once recruitment has been completed, the employer submits a recruitment report to the Department of Labor detailing the success of its recruitment efforts. If U.S. workers are not qualified and available for the position, the Department of Labor will certify the temporary labor application.

Once a temporary labor certification is received, the employer may submit a petition for workers with United States Citizenship and Immigration Services. This petition can request either a certain number of unknown workers or specific workers, depending on circumstances such as whether the workers are in the United States or if the workers are abroad.

Once the petition is approved, if workers are abroad, they will make appointments at the consulate for an interview for visas. Each consulate varies in their procedure for appointments and interviews. Once workers receive visas, they may enter the United States to perform work for their employer.

If you would like more information about this program, please contact us for a consultation today.