H-2B Work Visa and Extension

The H-2B program was created to allow foreign workers to come to the U.S. on a temporary basis to fill non-agricultural jobs in which U.S. workers are in short supply. As long as the company meets the requirements of the H-2B Program, they can hire foreign workers every year for time periods of up to ten months.

The H-2B Program helps to close the gap in the seasonal or temporary needs for the hospitality, construction or other non-agricultural industries when there is a shortage of introductory laborers in this area. The employers’ pool includes individuals, small businesses, large corporations, and government organizations. Due to the temporary nature of the job it is difficult and often impossible to fill the required temporary positions with workers from the U.S. labor force. Therefore it is an industry-wide practice to bring some temporary help from the international labor markets.

Worksites. H-2B workers are often used by the hospitality, food services, seafood production, construction and landscaping industries to fill seasonal or peak load needs.

Positions. Positions include, but are not limited to: housekeepers, front desk, guest relations, restaurant helpers, food servers, cooks, maintenance, retail sales, landscape workers, seafood processors and many others.

H-2B workers require a visa that allows them to work for one employer on a temporary basis. After their contract period is over, they must return to their home country and reapply the following year if they wish to return or they can apply for an extension.

H-2B Eligible Countries

On December 2008 the Department of Homeland Security (DHS) published a final rule, “Changes to Requirements Affecting H-2B Nonimmigrants,” which gave the Secretary of Homeland Security the power to publish a list of ‘designated’ countries whose residents could be beneficiaries of H-2B visas in the U.S. The initial list, recently published, lists countries that are essential for the H-2B program’s success and have vocalized their cooperation in the repatriation of any of their residents that have received final orders of removal from the U.S.

Under current regulations, only nationals of the countries on this list (or those that have made special arrangements with DHS) may apply for and be approved for H-2B status.

Effective Jan. 18, 2012, nationals from the following countries are eligible to participate in the H-2B program:

Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Montenegro, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Switzerland, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu.

Please note that this notice and the above list will not affect the immigration status of any nonimmigrant’s currently in the U.S. under H-2B status.

Number of H-2B Workers

While there is no limit on the number of H-2B workers that a particular employer may acquire, assuming the number can be justified, there is an annual limit on the number of H-2B visas issued nationwide. This limit is commonly referred to as the H-2B visa cap. That limit is 33,000 for each half fiscal year. Once the limit is reached, no more new visas will be issued until the following half year. However, it is important to note that this visa cap does not apply to H-2B workers currently in the U.S. who wish to change employers and extend their H-2B visa.

Benefits of the H-2B Visa

Current H-2B visa holders or workers who participated in the H-2B program within the past 3 years are eligible for the H-2B visa extension program.

Workers can freely travel outside the U.S. on H-2B visa.

The H-2B visa holders can bring their families to the United States under H-4 visa, which will be valid during their period of employment. The H-4 visa holders usually include spouse and dependent children under the age of 21. The H-4 Dependent Visa allows entry to the United States and free travel in and out of the country. For the H-4 visa holders study is permitted but they are strictly prohibited from working in the United States.