“What is an H2B visa?” is a question many are asking, especially with many of the immigration programs in the U.S. in a state of flux or uncertainty.
Understanding this visa and its implications is crucial, particularly given the potential business impacts related to various worker visa programs. The H-2B visa application process involves meeting specific eligibility criteria for both workers and employers, including detailed steps and necessary documentation.
Unlike the H1B Visa often discussed during the 2016 U.S. Presidential election, H2B Visas are those intended for non-agricultural workers coming to the U.S. for temporary employment. So the program could potentially have an impact on a variety of businesses, especially those in the hospitality industry.
If you’re unfamiliar with the program or want to learn more about how any of the potential changes to H2B Visas could impact your business, read on for a more in-depth look at the program.
What is an H2B Visa?
The H2B Visa is a unique avenue within the U.S. immigration system, specifically catering to non-agricultural temporary workers. Its primary function is to assist businesses when they experience a dearth of local talent or manpower to meet their operational needs by allowing them to hire nonimmigrant workers through the H-2B visa program.
For a company to successfully obtain an H2B Visa for an employee, they must demonstrate a genuine, temporary requirement for such workers and provide evidence that attempts to recruit domestic U.S. workers have proven unsuccessful.
One significant characteristic that sets the H2B Visa apart is its focus on temporary job roles. This necessitates that the roles in question strictly adhere to a specific duration or seasonality. This means that the job needs to fit into one of the following four categories:
- Recurring seasonal need, meaning that the business has a busy season or period each year where they employ more workers than they do throughout the rest of the year,
- Intermittent need, meaning the business has work that isn’t covered by full-time staff and occasionally needs extra help from temporary employees,
- Peak-load need, meaning the business has busy periods where the workload exceeds what they’re able to handle with just their full-time staff,
- A one-time occurrence means the business has just one instance where temporary workers are needed.
There is also a cap on the number of H2B Visas awarded each year. The U.S. issues 66,000 of these visas each year, usually with half reserved for the first six months of each fiscal year and the other half reserved for the final six months.
Eligibility Criteria for H2B Visa
To qualify for an H2B visa, both employers and employees must meet specific criteria. Employers need to demonstrate a temporary need for non-agricultural services or labor. This need can be categorized as a one-time occurrence, seasonal need, peak load need, or intermittent need. Additionally, employers must prove that there are not enough U.S. workers available to fill the job and that hiring foreign workers will not adversely affect the wages and working conditions of U.S. workers.
For employees, eligibility hinges on having a valid job offer from a U.S. employer. They must possess the necessary qualifications and experience for the job, hold a valid passport, and complete all required paperwork and documentation. This ensures that the process is thorough and that the employment of foreign workers aligns with U.S. labor standards.
What Types of Foreign Workers Do H2B Visas Cover?
At its core, the H2B Visa program primarily focuses on U.S. employers who hire foreign workers for temporary, seasonal positions across various industries with pronounced seasonal or peak-season work fluctuations. The program’s essence is to bridge the gap between the demand for labor during peak seasons and the availability of workforce resources.
To give more context, Workpermit.com, a renowned platform offering insights on various Visa programs, sheds light on the broad range of professionals benefiting from this program:
“Each year, a whopping 66,000 temporary employees make their way to the U.S. shores using H2B visas. This visa paves the way for employers in the U.S. to onboard migrant talents for short-term, non-agricultural roles.”
This means sectors like amusement parks, which experience a surge in visitors during summertime, or ski resorts bustling during the winter season, are quintessential candidates for this visa program. But the scope isn’t limited to these alone.
A gamut of other businesses, ranging from golf courses, cruise operations, diverse resorts, and even certain seasonal recreational facilities, often tap into the H2B Visa pool. Moreover, this program is quite inclusive, allowing both skilled and unskilled labor to participate.
However, the H2B isn’t a carte blanche for businesses to hire from abroad indiscriminately. Contrary to the H1B Visa, which targets specialized professions often requiring advanced degrees, the H2B emphasizes the unavailability of U.S. workers for the task at hand.
Therefore, if U.S. workers are available and willing to take on the job role, the company’s bid to hire via the H2B Visa program might hit a roadblock.
Roles Commonly Filled by Temporary Workers with H2B Visas
- Ski resort workers in places like Colorado.
- Amusement park employees in areas such as Florida.
- Golf course staff.
- Cruise lines workers.
- Resorts and seasonal recreational facilities.
- Positions can be for both skilled and unskilled workers.
Comparison Between H1B and H2B Visas: Role of Citizenship and Immigration Services
To gain a clearer understanding of the differences between H1B and H2B visas, we’ve prepared a concise comparison table. While both are non-immigrant visas, their purposes, eligibility criteria, and application processes differ.
The table below highlights the key distinctions to help businesses and potential applicants navigate the U.S. visa system more efficiently:
| Feature/Requirement | H2B Visa | H1B Visa |
|---|---|---|
| Purpose | For temporary non-agricultural workers | For specialized roles requiring a degree or specialized skills |
| Industries Commonly Using Visa | Hospitality, tourism, seasonal recreational facilities | Tech companies, medical professionals, finance, engineering |
| Nature of Job | Seasonal, intermittent, peak-load, one-time occurrence | Specialized roles requiring specific expertise or education |
| Annual Cap | 66,000 | [H1B cap number, e.g., 85,000] |
| Education Requirement | Not mandatory | At least a bachelor’s degree or equivalent in a specific field |
Application Process for H2B Visa
The application process for an H2B visa involves several critical steps. Initially, the employer must file for temporary labor certification with the Department of Labor, which can be done electronically through the Foreign Labor Application Gateway (FLAG System). The employer must also obtain a prevailing wage determination from the Department of Labor and file a job order with the State Workforce Agency (SWA) serving the area of intended employment.
Once the temporary labor certification is approved, the employer can proceed to file Form I-129 with U.S. Citizenship and Immigration Services (USCIS). This application must include the approved temporary labor certification, the job order, and other supporting documents.
After USCIS approves the petition, the employee can apply for the H2B visa at the U.S. Consulate in their home country. The employee must file Form DS-160 online, print the receipt, and provide the required documentation and biometrics. This multi-step process ensures that all parties comply with U.S. immigration regulations and standards.
Advantages of an H2B Visa
The H2B visa offers numerous advantages for both employers and employees. For employers, it provides a reliable way to bring qualified individuals into the country to fill open positions, ensuring a continuous workflow. This visa helps businesses fill vacant positions, increase their workforce, and maintain consistent operations, especially during peak seasons.
For employees, the H2B visa presents an opportunity to work in the United States temporarily and gain valuable work experience. Additionally, employees can bring their spouses and unmarried children under 21 to stay with them in the U.S. on an H4 visa. H2B visa holders enjoy the same employment benefits as permanent residents or citizens and can switch jobs, provided they have another offer and a petition on their behalf has been approved by USCIS. This flexibility and inclusivity make the H2B visa a valuable option for temporary workers seeking opportunities in the U.S.
What Changes to H2B Visas Mean for Businesses?
In 2015, U.S. Citizenship and Immigration Services, Department of Homeland Security, Employment and Training Administration and Wage and Hour Division, Labor unveiled changes to the H2B Visa program. The changes were aimed at strengthening worker protections and increasing transparency.
Anticipated Changes to the H2B Visa Program and Temporary Labor Certification
- Strengthened protections for workers.
- Increased transparency.
- Stricter limits on the number of visas awarded.
- More rigorous application and vetting process.
If proposed changes to other temporary work visas are any indication, future updates might include stricter limits on the number of visas awarded to businesses and workers or a more involved application and vetting process.
However, businesses and workers will need to familiarize themselves with the latest updates from 2023, as highlighted in the upcoming video, to understand what specific changes might entail for them going forward.
Work Visa Photo via Shutterstock
