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H-2B Visa Info

An H-2B visa allows U.S. employers to bring foreign nationals to the United States to fulfill temporary work if the following requirements are met:

  1. The petitioner must establish there are not enough U.S. workers who are able, willing, qualified and available to do the temporary work.
  2. The employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  3. H-2B petitioners must also provide a single valid temporary labor certification from the U.S. Department of Labor (DOL), or, if the workers will be employed on Guam, from the Guam Department of Labor (Guam DOL).

Most importantly, the prospective worker’s services MUST be temporary. In order to be considered temporary the petitioner must show the following:

  1. That this is a one-time occurrence, i.e. a temporary event of short has created a need for a temporary worker in an otherwise permanent employment situation. They must s how they will not need workers to perform the services or labor in the future.
  2. That there is a seasonal need for these types employees. The petitioner must show that the type of labor is traditionally tied to a season of the year and of recurring nature. You cannot claim a seasonal need if the time period in which you need the service of labor is unpredictable or considered a vacation time for your permanent workers.
  3. That there is a peakload need, as in, you need supplemental workers to aide your permanent works during a seasonal or short-term demand. A petitioner must show that it regularly employs permanent works to perform the same services, and that it only need supplemental workers who will not become part of the employer’s regular operations.
  4. That there is an intermittent need - in this instance, the petitioner must show that is has not employed permanent works to perform the services of labor and only needs to occasionally employ temporary workers to perform services or labors for short periods.

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