x
Book an Appointment

H-2 Temporary or Seasonal Work Visas

Awesome Image

Temporary or Seasonal Work Visa

We're experts in temporary or seasonal work visas.

The H-2 Visa allows employers to bring temporary workers to the United States to fill a job opening for a specified time period up to one continuous year. The employment must be a one-time need based opening due to a labor shortage in the United States, or be fulfilling a temporary or cyclical need. In order to obtain an H-2 Visa, the employer must obtain a Temporary Labor Certificate from the United States Department of Labor asserting that no U.S. workers will be displaced by the hiring of foreign nationals, and that the foreign national will be paid the prevailing wage for U.S. workers in the same position. Once the employer has obtained the Temporary Labor Certificate, a petition must be filed with United States Citizenship and Immigration Services verifying that the position is temporary. The H-2 Visa process varies depending on whether the foreign worker is an agricultural or non-agricultural worker. Contact our firm to discuss the necessary requirements to obtain temporary worker authorization through the H-2 Visa program.

Get The Visa
Resource Material

Nunc quam arc pretium quis lobortis sem consequat conse tetur diam nunc bibend.

Where and How to Apply for a Temporary Nonimmigrant Work Visa?

Contact Fuller and Fuller today to get started on your application.

Awesome Image

Our Process

  • Please reach out to us by email or phone to schedule a consultation with one of our attorneys.
  • Our attorneys will work with you to select the correct type of temporary nonimmigrant work visa to meet your needs.
  • We will then provide you with a checklist of documents and information needed from the employer and from the prospective foreign national employee. We will also provide you with an estimated flat fee for the case and discuss the filing fees and other disbursement expenses you can anticipate.
  • We will prepare the required documents for your petition or application and will send them to you for review and signature.
  • We will then submit your petition or application to the U.S. Citizenship and Immigration Services (“USCIS”) or will provide the necessary documents to you to make a personal application to a Consular Officer at a U.S. Consular Post or to a U.S. Customs and Border Protection (CBP) Officer at a U.S. port of entry.
  • We will track the progress of your case and keep you updated and will provide you with instructions for making and attending a visa interview appointment at a U.S. Consular post (if required). We will also provide both the employer and the prospective foreign national employee with information on the employee’s new immigration status.

How To Prepare

Prior to a consultation with one of our attorneys, please be prepared with the following information so that we can best help you determine how to proceed: A copy of the prospective foreign national employee’s most up-to-date resume; Information on the prospective foreign national employee’s current U.S. immigration status (if any) and any previous U.S. visas held; and Information on the type and duration of work that the prospective foreign national employee is expected to complete in the U.S.

Frequently asked Questions

  • How long may an H-2B worker be employed?

    Migrant workers who are issued an H-2B visa can be employed for up to nine months, but their employment period may be extended for up to three years, or their visa may be initially certified for up to three years if it is considered a “one-time occurrence.”

  • What is a temporary need?

    The employer’s need is considered temporary if it is an: One-time occurrence – A petitioner claiming a one-time occurrence must show that it has: An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker. Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future; OR Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is: Traditionally tied to a season of the year by an event or pattern; and Of a recurring nature. Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is: Unpredictable; Subject to change; or Considered a vacation period for your permanent employees. OR Peak load need – A petitioner claiming a peak load need must show that it: Regularly employs permanent workers to perform the services or labor at the place of employment; Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and The temporary additions to staff will not become part of the employer's regular operation. OR Intermittent need – A petitioner claiming an intermittent need must show that it: Has not employed permanent or full-time workers to perform the services or labor; and Occasionally or intermittently needs temporary workers to perform services or labor for short periods. H-2B petitioners must also provide a single valid temporary labor certification from the U.S. Department of Labor (DOL), or, if the workers will be employed on Guam, from the Guam Department of Labor (Guam DOL).

  • What is the H-2B Cap?

    There is a statutory numerical limit, or "cap," on the total number of noncitizens who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1 - March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be available for employers seeking to hire H-2B workers during the second half of the fiscal year. However, unused H-2B numbers from one fiscal year do not carry over into the next.