How to Apply
An international beneficiary who is offered a job by a U.S. employer may enter the U.S. for a temporary time of specified duration to fill the offered position. The employment must be a one-time need based upon low U.S. worker availability, seasonal, or cyclical needs.
Petitioner must prove to the satisfaction of the United States Consul official that:
COMPANY IS OFFERING EMPLOMENT - The employer must be offering
a position that is temporary and based on unusual need;
OF EMPLOYMENT MUST HAVE SPECIFIC ENDING DATE - The offered
position must be an isolated occurrence that has a specific
foreseen ending date. The position may not be a consistently
vacant position, but the need for the Beneficiary must arise
due to seasonal, cyclical, or tight labor market circumstances;
- TEMPORARY LABOR CERTIFICATION - The Petitioner must obtain a temporary labor certification certifying that no U.S workers will be adversely affected by the employment of the international Beneficiary. Further, the Beneficiary must be paid a wage equal to or exceeding a minimum prevailing wage for workers in the same position set by the state where Beneficiary shall work.
The Petitioner must first obtain a Temporary Labor Certification (TLC) from the USDOL. Upon receiving the TLC, the Petitioner may forward the petition with attached TLC to the INS Regional Service Center with jurisdiction over the Beneficiary's proposed place of employment.
temporary Labor Certification from U.S. Department of Labor certifying
that no U.S. workers are available to fill the offered position, and
that no U.S. workers will be adversely affected by the employment
of the international Beneficiary;
that job offered is for a short specified duration with date
certain for ending date;
that beneficiary has the job qualifications necessary to
fill the offered position, that is, training, education,
or letters of reference;
- Job offer letter describing position, temporary need of employee, and terms and conditions of employment.
Once approved, an H-2B Visa is good for the length of the TLC for a maximum of one year. Renewals for an H-2B visa may be extended for a maximum of three years in one-year increments. Upon reaching completion of the maximum stay a Beneficiary must depart the U.S. for at least six months.
Depending on the backlog at the INS Service center which receives your petition, the petition should take between 30 and 60 days to approve or deny.