While only a few H2B Visas are issued each
year, the visa is nonetheless useful. The H2B visa enables
U.S. businesses and agents to fill temporary needs for
nonimmigrant workers. Many individuals unable to obtain an O
or P Visa may apply for this visa. However, medical graduates
are not allowed to apply for this visa. The visa is not
self-petitioned, which means you will need an employer to
sponsor you.
Your spouse and unmarried children under the
age of 21 are allowed to join you in the U.S. under H4
status. Dependents are not permitted to work, unless they
personally qualify for a work visa.
Who is eligible?
The H2B visa is available to employers of foreign non-professionals (unskilled workers) not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
Recurring seasonal need;
Intermittent need;
Peak-load need; and
One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers
