H-2B – Temporary Worker (nonagricultural): Skilled and Unskilled (Back)

• The H-2B temporary worker program permits employers to hire foreign workers to come to the United States to perform temporary nonagricultural
   work, which may be one-time, seasonal, peak load or intermittent. There is a 66,000 per year limit on the number of foreign workers who may
   receive H-2B status during each fiscal year.

Like the H-2A program, the employer must first file an application for alien employment certification with the Department of Labor. However, in the H-2B application process, the Department of Labor’s decision is only an advisory to U.S. Citizenship & Immigration Services. Multiple openings of the same job and rate of pay may be on the same application. The certification is issued to the employer, not the worker, and is not transferable from one employer to another or from one worker to another. To allow time for processing delays and correction of application errors, the employer should file for H-2B status for its prospective employee at least 60 days, but not more than 120 days before the worker is needed.

H-2B visa holders may bring their spouses and unmarried children under the age of 21 with them on H-4 visas. Dependents may not work while in H-4 status.