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H-2B visas could be the solution for your business

December 2023 employment law letter
Authors: 

Becky Fu von Trapp, Dinse P.C.

Employers that struggle to fill temporary positions might consider H-2B visas as a possible solution to their hiring needs.

What is an H-2B visa?

An H-2B temporary nonagricultural worker visa is a temporary (i.e., nonimmigrant) visa that allows foreign nationals to enter the United States temporarily and engage in nonagricultural employment that qualifies as seasonal, intermittent, a peak load need, or a onetime occurrence.

There’s a statutory numerical limit on the total number of noncitizens who may be issued an H-2B visa or otherwise granted H-2B status during each federal fiscal year, however. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the federal fiscal year (October 1 to March 31), and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 to September 30).

To qualify for H-2B nonimmigrant classification, the petitioning business (referred to as the petitioner) must establish that:

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