H-2B REQUIREMENTS
Four requirements, a clear list of employer commitments, and the rules for workers and the annual cap.
It must be seasonal, peakload, intermittent, or a one-time occurrence.
You prove this through the required US recruitment.
Hiring H-2B workers cannot lower wages or working conditions for US workers in the same jobs.
The Department of Labor must certify your application before you can petition USCIS.
EMPLOYER COMMITMENTS
Pay at least the prevailing wage, or the federal, state, or local minimum wage if it is higher.
Offer US workers the same terms you offer H-2B workers.
Guarantee hours equal to at least three-fourths of the workdays in each 12-week period. If the job lasts less than 120 days, the period is 6 weeks.
Reimburse inbound travel and daily meal costs, and pay visa and related fees.
Pay return travel when the worker finishes the job, or if you let the worker go early.
Provide tools, supplies, and equipment at no cost to the worker.
Charge workers no recruitment fees. Your recruiters cannot charge them either.
Keep all records for three years.
WORKER REQUIREMENTS
Workers must intend to return home when the job ends.
A worker can hold H-2B status for up to three years in total. After that, the worker must leave the US for a period before returning in H-2B status.
A spouse and unmarried children under 21 can come in H-4 status. They cannot work.
The Philippines, where our pipeline starts, is eligible for the H-2B program.
THE ANNUAL CAP
H-2B visas per year, set by Congress
33,000 · Oct 1 to Mar 31
33,000 · Apr 1 to Sep 30
Some petitions do not count against the cap, including extensions for workers already in H-2B status.
COMPLIANCE AND AUDITS
The Department of Labor can audit any certified case. A serious violation can get the certification denied and get both the employer and its agent debarred from the program.
FAQS
Does my business qualify?
It qualifies if the need is temporary and in one of the four categories. We confirm this in the fit check.
What is a prevailing wage?
It is the wage the Department of Labor sets for a role in your area. You must pay at least that amount.
Is there a minimum number of workers?
No. A case can cover a single worker.
Can we charge workers for recruitment?
No. It is prohibited, and it is one of the fastest ways to get debarred.