Non-Agricultural Labor: H-2B Workers

The H-2B visa program is made for U.S. non-agricultural employers who are in need of temporary labor and who have been unsuccessful in finding sufficient U.S. workers. U.S. employers who meet specified regulatory requirements may bring foreign workers to the United States to fill these temporary jobs.

How to Employ H-2B Workers

The first step an employer must take before making a request for H-2B classification is to submit an application to the U.S. Department of Labor for a temporary labor certification for H-2B workers.

The second step, after they have received this temporary labor certification for H-2B employment, is to file Form I-129, petition for nonimmigrant worker, on behalf of each potential employee.

After the Form I-129 is approved by USCIS, the third step of the process is for the prospective foreign H-2B workers to apply for an H-2B visa at a U.S. Consulate or Embassy with the Department of State and then request admission into the country at a U.S. port of entry. In cases where an H-2B visa is not mandatory, prospective workers may skip the visa application step and seek admission in H-2B classification directly at a port of entry.

H-2B classification is generally granted for up to the period of time allotted for on the temporary labor certification. However, employers may request an extension of H-2B classification in a maximum of 1-year increments. A new temporary labor certification that covers the requested period of time must be submitted with each extension request. H-2B workers may hold H-2B nonimmigrant status in the U.S. for a maximum of 3 years, after which they must leave and remain outside of the United States for 3 months before they may request readmission and nonimmigrant status once more.

Requirements

In order to qualify for H-2B classification, an employer is required to establish the following:

• The need for H-2B workers is temporary. A “temporary need” may be:
  • a one-time occurrence, such as an event;
  • a recurring need for labor that is only associated with a season of the year;
  • a peakload need, in which the employer simply supplements its permanent staff due to a short-term demand;
  • an intermittent need, in which the employer does not keep full-time or permanent employees yet intermittently needs additional workers for short periods of time
• There is a shortage of able, qualified, willing, and available U.S. workers to fill the temporary positions being offered.
• The employment of H-2B workers will not have an adverse effect on the wages and working conditions of U.S. workers who hold similar positions within the industry.

How We Can Help

Youngblood & Associates works to recruit H-2B workers exclusively for the landscape industry. Our commitment to and in-depth knowledge of the industry means that we offer superior representation and results.

Youngblood & Associates will:

• Provide a complimentary one-on-one legal consultation to develop a unique strategy for your company to navigate the challenges of the H-2B visa program
• Work to secure visas for your H-2B workers so that you can focus on your clients and products
• Ensure that a legal and reliable workforce arrives on site and on time each season

Why Youngblood & Associates?

Youngblood & Associates is an immigration law firm, exclusively. Our firm provides labor solutions to employers in green industries and legal immigration services to families and individuals. We are experienced in guiding businesses through the H-2A and H-2B programs and providing our clients with a reliable, legal, foreign workforce for the duration of each season. At Youngblood & Associates, our team uses our knowledge, experience, and creativity to create a unique strategy for each company. We will guide you through the H-2B process and ensure that you are in compliance with all program requirements and on time for every filing deadline. We work diligently to make the H-2B program a success for your business.