H-2B Visa Program

Temporary Non-Agriculture Worker Program

The H-2B temporary non-agricultural program permits employers who meet the program requirements to hire nonimmigrant workers to temporarily come to the U.S. and perform non-agricultural services or labor based on the employer's temporary need.

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The employer applicant must establish that its need for non-agricultural services or labor is temporary in nature, regardless of whether the underlying job is permanent or temporary. Temporary need must be established as one of the following: (One-time occurrence, Seasonal need, Peakload need; or Intermittent need), with the exception of a one-time occurrence need which can last up to three years, temporary need will not be approved for longer than nine months. The Immigration and Nationality Act and regulations issued jointly with the U.S. Department of Homeland Security (DHS) establish employer requirements and worker protections with respect to wages and working conditions. The Department's Wage and Hour Division has responsibility for enforcing provisions of worker contracts and applicable employment laws.

 H-2B FAQs

  • The H-2B application begins at Dept. of Labor where you’re issued a prevailing wage, which takes between 40 to 60 days. 75 to 90 prior to your date of need, LSI submits 2nd application to Dept. of Labor, which is reviewed and moves to recruitment of U.S. workers, then certification is issued, then application moves to USCIS for final approval.

  • You should contact LSI 150 to 120 prior to the date you need the workers to start working.

  • The H-2B wage is issued by Dept. of Labor each year and is called the H-2B Mean Wage. We help you determine which counties are within your area of intended employment, look up the prevailing wage for each county, and the highest county wage becomes your H-2B Mean Wage for the season.

  • H-2B employers are not responsible to provide optional housing but LSI encourages you to “assist” with securing lodging for your workers. During our first meeting, we’ll discuss the employer responsibilities for the H-2B program.

More questions we can answer?

H-2B Applications

Source: U.S. Department of Labor

Demand for Temporary Non-Agricultural Workers slowed slightly in 2019 and 2021, but has since rebounded. Requested positions in 2022 totaled 267, 986, a 42% increase than just two years earlier.

Data shows, however, that the rate of certified positions is decreasing versus prior to 2020. Let Labor Solutions Inc. handle the application process for you so you get the workers you need. We have a proven track record, working with many companies year after year.

  • LSI have been our H-2B representative for 20+ years. LSI has been a critical partner of ours helping us to navigate the H-2B process throughout this constantly changing political landscape. LSI provides us with the education we need to comply with the program, always been professional and not afraid to be passionate to ensure their clients know the process and what is expected of them to have a successful H-2B application.

    Dan Zethren – Western States Reclamation LLC

  • We’ve been an LSI customer through the H-2A and H-2B programs for the last five years and have thoroughly enjoyed each season. They make the process seamless, easy, and go over every step of the program, ensuring we know the risks, benefits, and rules as they go. LSI goes above and beyond every time!

    Jamie Rehmert – Joe’s Landscaping of Beavercreek Inc

  • The staff at LSI are all very professional and top notch at what they do. I have utilized many of their services to help staff my seasonal needs for several years. Each year I have been very pleased with their ability to help me navigate the visa process and anytime a question or concern has come up, they have always promptly addressed my questions. I strongly recommended them to other professionals within the industry and anyone looking for visa services.

    Matt Winters – Next 2 Nature Landscape

  • LSI has taken the stress out of applying for our visa workers each year with their informational customer portal, detailed instructions, and their ability to effectively keep all their clients in the loop about any changes made to the visa program. We look forward to continuing to work with the LSI team for years to come!

    Royce Iverson – Mt. Moriah Stone Quarries LLC

  • I’ve been using Labor Solutions Inc for many years. They are professional, dependable, have high standards of communication, follow up, and responsiveness, and are extremely knowledgeable of their industry and great to work with if you are serious about using their services. I particularly like the fact that they can maneuver and adapt year to year to the ever-changing landscape of what they do. A crucial tool and skill I find helps me feel assured they are the best option to help my organization. This is the highest recommendation I can/will make.

    Kevin Cox – Cox Professional Landscape Services LLC