Everything You Need to Know About the H-2B Visa:
​Work in the U.S.

Are you looking to work temporarily in the United States in a seasonal or non-agricultural job? The H-2B visa might be the perfect solution for you. This visa allows foreign workers to fill temporary positions in industries such as hospitality, construction, landscaping, and more.​

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What Is an H-2B Visa?

The H-2B visa is a non-immigrant visa for foreign workers seeking temporary employment in the U.S. Unlike the H-2A visa for agricultural work, the H-2B program focuses on seasonal, intermittent, or one-time non-agricultural jobs.
Employers must demonstrate that there are not enough qualified U.S. workers available for the position and that hiring foreign workers will not negatively affect local workers’ wages and conditions.
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Common H-2B jobs include:
  • Hotel and resort staff
  • Landscaping and groundskeeping
  • Construction labor
  • Amusement park and event staff
  • Seafood processing and hospitality

Key Elements of the H-2B Visa


To qualify for an H-2B visa, both the worker and the employer must meet specific criteria:

  • Temporary Need – The employer must prove the position is seasonal, intermittent, peak-load, or one-time.​
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  • Non-Agricultural Work – The job must be non-farm work eligible under H-2B regulations.
 
  • Employer Compliance – Employers must recruit U.S. workers first and offer fair wages and working conditions approved by the Department of Labor.
 
  • Duration of Stay – H-2B visas are initially valid for up to 1 year and can be extended in 6-month increments, with a maximum stay of 3 years.
 
  • Application Process – Employers file a temporary labor certification with the DOL, followed by a petition with USCIS. Once approved, workers apply at a U.S. embassy or consulate for the visa.

WHAT H-2B Employers Need to Know


Hiring temporary foreign workers through the H-2B visa program can fill seasonal labor gaps—but staying compliant is crucial. Here’s what U.S. employers need to know during and after filing your H-2B petition.

During the Filing Process:
  1. Prove Temporary Need – Show the position is seasonal, peak-load, intermittent, or one-time.
  2. Recruit U.S. Workers First – Document efforts to hire qualified U.S. employees.
  3. File Labor Certification – Obtain DOL approval before submitting Form I-129 to USCIS.
  4. Set Wages & Conditions – Offer prevailing wages and fair working conditions.

After Filing Your Petition
  1. Track Petition Status – Monitor your case online and respond promptly to RFEs.
  2. Maintain Accurate Records – Keep employee documentation, payroll, and work logs ready for DOL or USCIS audits.
  3. Prepare for Worker Arrival – Ensure housing, transportation, and onboarding comply with federal rules.
  4. Stay Audit-Ready – Post notices and maintain all recruitment and labor certification documentation.

Common Pitfalls
  • Ignoring wage and work condition requirements
  • Failing to track petition updates or respond to USCIS
  • Poor record-keeping for audits

How We Can Help


At Gilani Law Firm, we will strategize with you in order to file your H-2B visa applications. Whether you’re a worker seeking employment in the U.S. or an employer needing temporary staff, we provide:

  • Step-by-step H-2B visa guidance
  • Expertise in green card pathways from H-2B status
  • Up-to-date knowledge of U.S. immigration laws and labor requirements
  • Assistance with employer compliance and labor certifications

Start your U.S. work journey today. Contact us to learn how we can help you secure your H-2B visa and explore options for permanent residency.

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