While only a few H-2B Visas are issued each year, the visa is nonetheless useful. The H-2B visa enables U.S. businesses and agents to fill temporary needs for nonimmigrant workers. Many individuals unable to obtain an O or P Visa may apply for this visa. However, medical graduates are not allowed to apply for this visa. The visa is not self-petitioned, which means you will need an employer to sponsor you. Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S. under H-4 status. Dependents are not permitted to work, unless they personally qualify for a work visa.
The H-2B visa is available to employers of foreign non-professionals (unskilled workers) not working in the agricultural field. This visa is only available for work that is temporary in nature. For H-2B purposes, that means:
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state’s employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers.
