This classification allows U.S. employers to petition for foreign nationals to fulfill temporary non-agricultural jobs. The U.S. employer must obtain a temporary Labor Certification through Department of Labor proving there are no willing and able U.S. workers to take said positions – prior to filing an H-2B petition with USCIS.
The U.S. employer must prove there is a seasonal, peakload, intermittent, or one-time need for the temporary labor.
An approved H-2B petition may be valid for up to one year, and may be extended for a period of up to three years. Once the H-2B petition is approved by USCIS the foreign national may apply for an H visa at a United States Consulate abroad.
Dependent spouses and children of H-2B nonimmigrants hold H-4 status.
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