Criteria for Eligibility in the
H2B Program

To successfully apply for the H2B visa program, understanding and meeting specific eligibility criteria is essential:

• Demonstrating Temporary Need: Employers must establish a clear, temporary need for foreign workers. This need could be a one-time occurrence, seasonal, peak load, or intermittent.
• Non-Agricultural Jobs: The H2B program is exclusively for temporary non-agricultural jobs. Typical industries include hospitality, event planning, construction, and others experiencing seasonal spikes in demand.
• Labor Certification Process: Employers are required to obtain a temporary labor certification from the Department of Labor. This involves proving that there are no available U.S. workers and that employing foreign workers will not negatively affect the wages and working conditions of similar U.S. workers.
• Adherence to Annual Cap: The H2B program is subject to an annual cap, which limits the number of visas issued each year. It's important to apply early and understand the implications of this cap on the application process.

Meeting these criteria is a critical first step in the successful procurement of H2B visas for temporary workers.

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