NeSmith Immigration Attorneys, LLC

Immigration and nationality Law

How do I fill a temporary need for foreign workers?

H-2B Visa

The H-2B visa is for individuals who will be performing temporary nonagricultural services or labor. Temporary services or labor refers to any job in which the need for the duties to be performed is temporary. The employer’s need for the services or labor should be a one-time occurrence, a seasonal need, a peakload need or an intermittent need. While only a few H-2B Visas (66,000 per year) are issued each year, the visa is nonetheless useful. The H-2B visa enables U.S. businesses and agents to fill temporary needs for nonimmigrant workers. Many individuals unable to obtain an O or P Visa may apply for this visa.

The visa is not self-petitioned, which means you will need an employer to sponsor you. Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S. under the H-4 status. Dependents are not permitted to work, unless they personally qualify for a work visa.


The first step is to apply for a Temporary Labor Certification from the U.S. Department of Labor (DOL). You must meet all requirements of the DOL. The employer must then attempt to recruit eligible U.S. individuals for the proposed positions, and then employer must prove that there are no U.S. workers available for the proposed position. Once this recruitment process is over, the DOL will send the employer labor certification. The employer can then file the I129 –Petition for Non-Immigrant worker with USCIS requesting H-2B worker. After approval of this petition, you may apply at the consulate in your home country.

Documents for Filing with USCIS:

An approved temporary labor certification.
Proof of your qualifications for the position.
A letter detailing the nature of the position.
Proof of the temporary nature of the position.
A letter detailing the nature of the temporary need for foreign workers.
Documents for Consular Process:

A filled-in appropriate DS visa application Form. Separate applications for each person are compulsory.
One recent photograph as per the specification of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering. You may refer to specification on this link
A passport, valid for travel to the United States for at least six months longer than your intended visit.
Approval Notice of Action from USCIS


We Can Help You With

Immigration Updates

RSS Error: This XML document is invalid, likely due to invalid characters. XML error: Attribute without value at line 4, column 153