Temporary or "Peak Load" Workers (H-2B Visas)

The H-2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. temporarily to engage in nonagricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence. This category applies to professionals, skilled and unskilled workers. The employer must prove through business records or contracts that the workers will be employed in a temporary or seasonal assignment. Some businesses are seasonal by nature, and therefore do not require extensive documentation (for example, landscaping workers in areas with cold winters). Agricultural workers have a separate visa category (H-2A). Only one application is required for multiple workers hired for the same position. There is a quota for H-2B visas, and numbers are usually exhausted within the first months of opening of the visa quota.

To qualify under this category the employer must prove that he has never hired permanent workers to carry out the duties described in the H-2B application.

H-2B visas for peakload or one time occurrence positions are typically issued for a maximum of one year, but can be extended for a maximum of three years if the employer can prove that unforeseen circumstances arose after the H-2B visas were issued which prevented the timely completion of the project. Seasonal H-2B visas are only granted for the period covered by the applicable season. For more information, go to http://www.foreignlaborcert.doleta.gov/h-2b.cfm.