H-2B Visa – [Who Qualifies?]

To qualify for H-2B nonimmigrant classification, the petitioner (employer) 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

Peakload need – A petitioner claiming a peakload 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.