About the H-2B program
The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. employer, or U.S. employer, or U.S. agent as described in the regulations, must file Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker’s behalf.
The H-2B nonimmigrant program
The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States.The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peakload need or intermittent need. The H-2B program requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire period of the approved H-2B labor certification. The H-2B program also establishes certain recruitment and displacement standards in order to protect similarly employed U.S. workers.
To be eligible:
- Not be a US citizen or be processing for citizenship in the US
- Available for a line-level position meeting visa regulation
- Available to commit to work duration of the visa program (usually 9 months)
- Will be in your home country for processing up to 3 months prior to program start date
- Hold a valid passport that will not expire during or within 2 months of the visa period
- Possess fluent English language skills in speaking, writing, and reading
- Meet the physical requirements of the working position as provided in offer letter
- Prior working experience in the US is not mandatory
- Passion for guest service and hospitality!
H-2B visa compliancy:
- The worker will not be able to work in any other position other than that approved on the visa
- The worker will not be able to work for any other company other than the company on the visa
- The worker will be scheduled 35+ hours per week by the host site department. Overtime may be available.
- The worker must plan to return to their home country at the end of the visa period
- The worker will agree to payroll deductions for US and State taxes, as well as housing or other host sites deductions agreed upon in provided offer letter
- Any approved travel to your home country during the visa period will be at the workers expense, unless visa is terminated by the host site
- Must comply and agree to guidelines and regulations in provided shared housing
Eligiblity
To qualify for H-2B nonimmigrant classification, the petitioner must establish that:
- There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
- Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
- Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary. The employer’s need is considered temporary if it is a(n):
- One-time occurrence – A petitioner claiming a one-time occurrence must show that it has:
- An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
- Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future;
OR
- Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:
- Traditionally tied to a season of the year by an event or pattern; and
- Of a recurring nature.
Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is:
- Unpredictable;
- Subject to change; or
- Considered a vacation period for your permanent employees.
OR
- Peak load need – A petitioner claiming a peak load need must show that it:
- Regularly employs permanent workers to perform the services or labor at the place of employment;
- Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and
- The temporary additions to staff will not become part of the employer’s regular operation.
OR
- Intermittent need – A petitioner claiming an intermittent need must show that it:
- Has not employed permanent or full-time workers to perform the services or labor; and
- Occasionally or intermittently needs temporary workers to perform services or labor for short periods.
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).