A temporary need for workers
The H-2B program covers qualifying nonagricultural work where the employer’s need is temporary: seasonal, peakload, intermittent, or a qualifying one-time occurrence. The employer must satisfy labor certification requirements concerning available U.S. workers and the effect on their wages and working conditions.
A permanent staffing shortage is not automatically a temporary need. Contracts, payroll history, business cycles, and staffing records should corroborate why the employer needs workers for the specific requested period. The job duties, locations, hours, and wage must be consistent throughout the filings.
Recruitment and the normal filing timeline
Plan ahead for the prevailing wage determination. DOL recommends anticipating at least 60 days for processing. The job order and temporary labor certification application are generally filed 75–90 days before the date of need (when the workers would begin employment).
The employer must follow recruitment instructions and document the results. After DOL certification, the employer must file a petition with USCIS and, for workers abroad, seek visas and admission. The normal statutory cap (limit) is 66,000 H-2B visas issued annually, divided between the fiscal year’s two halves. Supplemental numbers and conditions vary. In some years, extra H-2B visas are authorized, but they should not always be assumed available.
Changing employers under the portability rule
The modernization rules effective January 17, 2025, now permit eligible H-2B workers already in the United States to begin working at another qualifying new employer after USCIS receives a properly filed, nonfrivolous petition requesting an extension of stay, or on the requested start date, whichever is later. This change makes it substantially easier for employers to hire H-2B workers already in the United States and allows them to begin working more quickly than before. The new rules continue to exempt H-2B workers already in the United States and transferring to a new employer from the statutory visa cap.
The new employer still needs the required labor certification and petition. Prior status, unauthorized employment, and receipt timing must be reviewed before work begins. This change does not allow unrestricted work authorization, job mobility, or automatic H-2A to H-2B portability.
Nationality rules and employer responsibilities
The modernization rule removed the former general designated-country restriction. There is no longer a general H-2B eligible-country list. Workers from any country may now potentially qualify for H-2B visas, subject to other visa or admission restrictions. However, extra H-2B supplemental visa allocations may continue to be restricted to certain countries.
Employers must comply with wage, recruitment, expense, and worker-protection requirements, including restrictions on prohibited fees charged to workers. Moro Legal can review the temporary need, recruitment plan, proposed workers, and filing calendar. Bring prior certifications, payroll and staffing records, anticipated dates, and any current workers’ immigration documents.
