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.
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
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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.
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You should contact LSI 150 to 120 prior to the date you need the workers to start working.
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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.
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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.
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H-2B Applications
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.