H-2B Duration

Duration

The H-2B visa doesn't carry an inherent duration upon approval.  In general, the H-2B visa duration is determined by the authorized period of time granted by the DOL on the temporary labor certification.  Although the temporary labor certification and H-2B visa are approved for an initial period of time, in some cases this approval may be extended.  In order to obtain an extension of H-2B classification, a new temporary labor certification must be submitted and approved covering the requested time extension.  Each time extension can be granted up to a maximum of 1 year. 

The maximum period of stay within the United States for H-2B classification is 3 years.  Once the 3 year limit has been reached, the visa holder must depart and remain outside the United States for a minimum of 3 months prior to reconsideration for readmission under the H-2B nonimmigrant visa.  There are some other immigrant classifications which may have an impact on the time calculations for the H-2B visa, therefore it's important to consult an Immigration attorney to avoid any errors in calculation.

Additionally, there are some exceptions to consider with the H-2B visa time calculation.  In some cases, time spent outside of the United States may not count toward the 3-year limit.  This is referred to by the USCIS as an "Interrupted Stay," and may have an impact on the overall time calculation for H-2B status.  Not all time spent outside of the United States will constitute an "Interrupted Stay," so it's important to understand the criteria used by USCIS to validate this claim  The table below can provide some basic guidance for determining the validity of an "Interrupted Stay," but it's best to consult an immigration attorney to help validate this type of petition.   

Contact us

Have questions about the H-2B Visa? We are here to help. Send us a message and we’ll be in touch.