H-2B Temporary Visa Attorney
Consult with a Montgomery County Immigration Lawyer Today
Employers and agents in the United States who meet certain criteria may
petition to bring foreign nationals into the United States to fill temporary
nonagricultural positions through the U.S. Citizenship and Immigration
Services’ (USCIS) H-2B program. As one would expect with any immigration
related matter, petitioning for H-2B visas can be an immensely complex
procedure and should not be handled without the assistance of an experienced
attorney. At USILaw, our knowledgeable Montgomery County immigration attorneys
understand the myriad of laws and regulations surrounding H-2B visas and
can maximize your chances of securing the results you need.
Discuss your temporary immigration needs with us today – call (800) 335-8520.
Who May Receive an H-2B Visa?
In order for an employer to be approved for H-2B nonimmigrant classification,
a petitioner must meet several different requirements. First, they must
display that there are not enough workers in the United States who are
willing and able to fill the temporary position. Second, the employer
must show that hiring H-2B workers will not have a negative impact on
the wages and working conditions of currently employed U.S. workers in
similar positions. Finally, the need for the prospective H-2B laborer’s
services must be temporary in nature, regardless of whether or not the
underlying job itself can be described as temporary.
Work may be deemed
1. It is a one-time occurrence: The type of job needed is a lone occurrence. The employer must not have
employed workers in the past to perform the job needed, and it will not
need to employ workers to fulfill the same purpose in the future.
2. It is a seasonal need: The work is tied to a particular season or event that is recurring in
nature. These seasons must be predictable, cannot be subject to change,
and cannot be considered a vacation period for permanent employees.
3. It is a peakload need: The work is only needed as a temporarily supplement an employer’s
permanent staff in order to meet seasonal or short-term spikes in demand.
The temporary workers may not become a permanent part of the employer’s
4. It is an intermittent need: The employer occasionally needs temporary laborers to perform work in
To petition for an H-2B visa, an employer must also obtain a temporary
labor certification from the United States Department of Labor and submit
form I-129 to the USCIS. Prospective workers must also apply for an H-2B
visa with the U.S. Department of State at an abroad U.S. consulate, embassy,
or port of entry. H-2B petitions may only be granted to nationals of countries
approved by the Secretary of Homeland Security (DHS). The complete list
of authorized countries can be found at
Is There a Cap on H-2B Workers?
As it stands, only 66,000 foreign nationals may be granted an H-2B visa
during a fiscal year. This limit is split between the two halves of the
fiscal year, with 33,000 nationals allowed to begin employment from October 1st to March 31st and the remaining 33,000 allowed to begin employment from April 1st to September 30th. While unused numbers of H-2B visas carry over from one half of the fiscal
year to the next, these limits reset each year. Once this cap is reached,
the USCIS will only accept petitions for workers who are exempt from the H-2B cap.
Contact USILaw Today
At USILaw, our Montgomery County immigration attorneys have helped countless
individuals legally enter and work in the United States and can provide
the strong legal guidance you need to help you navigate through the immigration
system. Whether you are an employer or an individual looking to gain H-2B
status, our firm is here to ensure your best interests are represented.
With unmatched dedication and personalized attention given to each case, your
immigration matter is sure to be in excellent hands.
Set up an initial case review today to get started.