The H-2B visa is the non-immigrant visa, granted to non-agricultural and temporary workers if it is for one-time or seasonal or for busy periods or for intermittent need.
▶ For one time occurrence, the employment should be a temporary event of short duration and the workers are not required for future.
▶ For seasonal need, it must be exhibited that the employment is for only a season of the year by an event or pattern or is of a recurring nature.
▶ For peak-load need, the employment should be such to temporarily supplement the permanent staff of the employer due to a seasonal or short-term demand and such temporary additions will not become part of the employer’s regular operation.
▶ For intermittent need, the employment must be for short periods occasionally or intermittently as the employer has not employed permanent or full-time workers to perform the services or labor.
The employer is required to get a temporary labor certification from the U.S. Department of Labour to the effect that foreign workers are required as there are no US workers for that function and also exhibit that the employment meets the prevailing wage standards. Subsequently, the employer shall file Form I-129 with USCIS for approval of the nonimmigrant petition on behalf of the temporary workers. The limit of H-2B visas per fiscal year is 66,000 and the same is split equally for every half. The application for H-2B visa can be done only four months in advance not prior to that.
Initially, the H-2B visa is granted for one year of authorized employment with the sponsoring employee. Later this visa can be extended three times for one year per time by following the whole process. In case of termination of employment prior to the visa expiry, the employee is entitled to the reasonable cost of transportation back either to home country or last country of residence outside U.S. The spouse and unmarried children under 21 years of age, of H-2B visa holders can accompany him or her in H-4 dependent status. Family members with H-4 status are not eligible for employment.