Temporary Workers “H-2B” Status

U.S. employers may petition for skilled or unskilled alien workers to meet temporary or seasonal needs in positions for which qualified U.S. workers are not available. It is important to note that both the services for which the employer requests H-2 labor approval and the employer’s need for such services must be temporary. There is currently an annual cap of 66,000 visas for H-2B workers. There is no annual cap on visas for H-2A workers.

The Department of Labor has compiled a list of H-2B Program Certifications By Occupation for the period June 1, 1999 to May 31, 2000.

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Related Page:

• Labor Department Immigration Resources

Labor Certification

 The first step to hiring an H-2 worker from outside the U.S. is for the employer to apply for a temporary labor certification with the Department of Labor. These certificates are designed to assure that the admission of aliens to work in this country on a temporary basis will not adversely affect the job opportunities, wages, or working conditions of U.S. workers. The employer is required to file the labor certification with the I-129 petition. For specific procedures on filing, please visit the Department of Labor’s Employment and Training Administration.

Dependents

 Dependents (spouses and unmarried children under 21 years of age) of H-2 workers are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification.

Including more than one alien in a petition

 A single petition may cover multiple workers if:

• they will perform the same services
• they will work in the same location
• they are included on the same labor certification and,
• they come from places that are served by the same U.S. consulate, or, if visa exempt, they will enter at the same port of entry.

It is not necessary to identify requested H-2A beneficiaries by name (unless only a single worker is needed) if they are unnamed on the underlying labor certification. H-2B beneficiaries must be named unless circumstances (e.g. emergencies) make identification by name impossible. The number of unnamed beneficiaries must always be stated on the petition.

H-2B Skilled or unskilled worker

 The H-2B classification applies to an alien coming temporarily to engage in non-agricultural employment which is seasonal or intermittent, to meet a peak load need, or to participate in a one-time occurrence.

Petition Document Requirements

 Before filing this petition the U.S. employer must first apply for a labor certification from the Department of Labor to demonstrate that U.S. workers are not available and that wages and working conditions meet regional standards. The U.S. employer should file the petition with: