The H-2B labor certification allows nonagricultural employers to bring nonimmigrant foreign workers to the U.S. to perform services of a temporary nature. The need for the worker must be for one year or less, and it can be a one-time occurrence, seasonal, peakload or intermittent. The employer may apply for re-certification for an additional two years, but on each application the employer must justify the reason for the renewal request. The request should be filed 60-120 days before certification is needed.
The aliens can be skilled or unskilled, but the employer must meet two basic requirements:
- it must demonstrate that it has only a temporary need for the type of services or skills to be performed by the aliens; and
- it must demonstrate that U.S. workers are not available who are unemployed and qualified to fill the position. The employer’s temporary need must be for the alien’s skill, and not for the particular alien. Both the job itself and the petitioning employer’s need for the specific alien must be temporary. The aliens must have a foreign residence that they have no intention of abandoning, and must intend to depart the U.S. at the end of their temporary stay.
Family members of H-2B aliens are classified as H-4 nonimmigrants. H-4 dependents are ineligible for employment authorization.
Please click here to read the new guidelines the DOL issued for H-2B processing.