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What is an h-2b visa?
An H-2b visa is for temporary non-agricultural workers. It allows U.S. employers to bring foreign workers to fill temporary non-agricultural positions. The employer (or U.S. agent) is the Petitioner and the foreign worker is the Beneficiary. REQUIREMENT FOR THE JOB: The employer's job opportunity (opportunities) must be: temporary, FT, nonagricultural
temporary (9 months or less, except one-time occurrences),
full-time (35 or more hours per week), and
non-agricultural employment within a specified area(s) of intended employment.
TEMPORARY: The need is considered "temporary" if based on any the following: One-time occurrence:
An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
The employer has not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future;
The employer has not employed permanent or full-time workers to perform the services or labor; and
Occasionally or intermittently needs temporary workers to perform services or labor for short periods.
The service or labor for which it seeks workers is traditionally tied to a season of the year by an event or pattern; and
Of a recurring nature.
Regularly employs permanent workers to perform the services or labor at the place of employment;
Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and
The temporary additions to staff will not become part of the employer's regular operation.
CAP: The H-2b cap is set at 66,000 per fiscal year, with with 33,000 for workers who begin employment in the first half of the fiscal year (October 1 - March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 - September 30). Any unused visas carry over from the first half to the second half of the fiscal year; however, the carry over does not apply from one fiscal year to the next.