Skip to main content

H-2B Visa Lawyers

Visas for Temporary Workers (non-agricultural)

What is the H-2B program?

The H-2B program can be used by employers that demonstrate temporary, seasonal, or peak-load shortage of staff and need of additional workers- this is often the case for our clients in the construction, trucking, hospitality, landscaping and restaurant industries that have peak seasons.

There are 66,000 H-2B visas available for employers to use- some years, such as in 2023, the government has added a nearly 65,000 additional visas given the dire need by employers.

How long does it take to bring workers?

The H-2B program process typically takes 5 to 8 months to complete. Through this visa type, workers can come to the U.S. and work for up to 9 months in a one-year period with the initial approval. Thereafter, the employee must leave for a period of three months and can come on an H-2B visa again for another 9 months. There are situations where temporary periods may be greater than 9 months; these situations are usually considered as “one-time need” and can last up to 3 years.

What are the employer’s obligations?

Employers of the H-2B workers are obligated to pay for the visa application, transportation and accommodation of the workers, as well as to pay them the wage determined by the Department of Labor to protect them from exploitation. Typically, these costs are well worth it for our clients that are losing 100’s of thousands or even millions of dollars and need workers now.

What family members can come with the employee?

The employee’s family (spouse and children under 21) can accompany the employee under the dependent H-4 visa. The children may attend school. However, no H4 dependent of an H-2B employee may be employed in the U.S.

What are the steps involved in an H-2B filing?

  1. File a Prevailing Wage Request;
  2. File job order with State Wage Agency
  3. File Application for Temporary Employment Certification with the Department of Labor at 90 day mark (soon after to avoid cap being reached)
  4. Begin local recruitment within 14 days once DOL sends a Notice of Acceptance
  5. File Recruitment Report with DOL
  6. Once DOL certifies application, File Employer Petition with USCIS
  7. USCIS Approves Petition
  8. Employee submits a visa application, and then enters the U.S. once a visa is issued in their passport

H-2B visa filings are very time sensitive and complex. Our firm routinely handles H2b filings from beginning to end for large, midsize and small operations.

If you have any questions specific to your case, or need more information, call our office to schedule a phone consultation with a Senior Attorney at Jeelani Law Firm.

H-2B Visa Videos

Immigration Options for Restaurant Workers

| Video - H2B | No Comments
Transcript: What immigration options can restaurants use to bring foreign workers to the U.S.? Hi, everyone. I’m attorney Hashim Jeelani, principal at Jeelani Law Firm. Over the last 10 years,…

Immigration Options for Truck Drivers

| Video - H2B | No Comments
Transcript: What immigration options can trucking companies use to bring foreign drivers to the U.S.? Hi, everyone. I’m attorney Hashim Jeelani, principal at Jeelani Law Firm. Over the last 10…

What is the H-2B Visa Filing Process?

| Video - H2B | No Comments
Transcript: What is the filing process for an H-2B Visa? Hi, everyone. I’m attorney Hashim Jeelani, principal at Jeelani Law Firm. Over the last 10 years, Jeelani Law Firm has…

Practice Areas

Contact us

"*" indicates required fields

H-2B Visa Videos

Immigration Options for Restaurant Workers

| Video - H2B | No Comments
Transcript: What immigration options can restaurants use to bring foreign workers to the U.S.? Hi, everyone. I’m attorney Hashim Jeelani, principal at Jeelani Law Firm. Over the last 10 years,…

Immigration Options for Truck Drivers

| Video - H2B | No Comments
Transcript: What immigration options can trucking companies use to bring foreign drivers to the U.S.? Hi, everyone. I’m attorney Hashim Jeelani, principal at Jeelani Law Firm. Over the last 10…

What is the H-2B Visa Filing Process?

| Video - H2B | No Comments
Transcript: What is the filing process for an H-2B Visa? Hi, everyone. I’m attorney Hashim Jeelani, principal at Jeelani Law Firm. Over the last 10 years, Jeelani Law Firm has…

Latest H2-B Visa News

November 30, 2022 in Business Immigration, EB1 EB2 & EB3 Visas, Green Card, H2-B Visa

Hiring Foreign Landscaping Workers to Address Labor Shortage: H2B and EB3 Visas

The extreme labor shortage in the landscaping and lawn care industries in the U.S. is expected to continue into 2023. To make matters worse, the shortage is only expected to…
Read More
November 17, 2022 in Business Immigration, EB1 EB2 & EB3 Visas, Green Card, H2-B Visa

Hiring Foreign Hotel Workers to Address Labor Shortage: H2B and EB3 Visas

The extreme labor shortage in the hotel industry in the U.S. is expected to continue into 2023, and the years to come.  Currently, the shortage is approximately 400,000 jobs with 87%…
Read More
October 28, 2022 in Business Immigration, EB1 EB2 & EB3 Visas, Green Card, H2-B Visa

Hiring Foreign Restaurant Workers to Address Labor Shortage: H2B and EB3 Visas

The extreme labor shortage in the restaurant industry in the U.S. is expected to continue into 2023, and the years to come. Currently, the shortage is approximately 794,000 . To…
Read More
October 28, 2022 in Business Immigration, EB1 EB2 & EB3 Visas, Green Card, H2-B Visa

Hiring Foreign Construction Workers to Address Labor Shortage: H2B and EB3 Visas

The extreme labor shortage in the construction industry in the U.S. is expected to continue into 2023, and the years to come. Currently, the shortage is approximately 650,000 . To…
Read More