The H-2B Temporary Worker Visa

The H-2B temporary worker visa allows foreign workers to enter the US temporarily to engage in nonagricultural employment that is either seasonal, intermittent, peak load need or a one-time occurrence. The key to this type of visa is that the employer must establish that its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as permanent or temporary. Additionally, to protect U.S. workers, the employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work and that the employment will not adversely affect the wages and working conditions of similarly employed U.S. workers. The H-2B visa is issued for the amount of time that the employer proved their need to be; however, this normally does not exceed 10 months to a year. To learn more about this type of visa, contact an Immigration Attorney in your area.