Author: Maria Aguila, Law Office of Maria Aguila, P.L.
An H-2B visa allows a foreign national to work for a sponsoring employer to fill a seasonal position (except in agriculture), on a one-time project, during a time of exceptionally high workload, or intermittently. An H-2B visa is used in various industries, such as landscaping, seasonal hospitality, and seasonal construction, and to meet specific needs in manufacturing, food packaging and processing, fisheries, retail and other industries. By law, an employer must first advertise through the state and federal labor departments and hire US workers for these positions. An H-2B worker will only be approved if a job opening remains after the domestic recruitment. An individual with an H-2B visa must return home at the end of the season.