H-2B Qualifications

Qualifications

Although the H-2B visa is allocated to the foreign worker who will be coming to the United States, the application for this visa must be completed by the prospective employer on their behalf.  When submitting this applications, the prospective employer must take into account several important requirements that must be satisfied in order for the application to be considered and approved.

1. There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
2. Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
3. 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):
4. One-time occurrence – A petitioner claiming a one-time occurrence must show that it has:
5. An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
6. 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;
7. Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:
8. Traditionally tied to a season of the year by an event or pattern; and
9. Of a recurring nature.
10. Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is:
11. Unpredictable;
12. Subject to change; or
13. Considered a vacation period for your permanent employees.
14. Peak load need – A petitioner claiming a peak load need must show that it:
15. Regularly employs permanent workers to perform the services or labor at the place of employment;
16. Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and
17. The temporary additions to staff will not become part of the employer's regular operation.
18. Intermittent need – A petitioner claiming an intermittent need must show that it:
19. Has not employed permanent or full-time workers to perform the services or labor; and
20. Occasionally or intermittently needs temporary workers to perform services or labor for short periods.
21. H-2B petitions may only be approved for nationals of countries that the secretary of homeland security has designated, with the concurrence of the Office of the Secretary of State, as eligible to participate in the H-2B program.
22. Please review the table below for the complete list of eligible countries.

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