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H-2B Visa Program

Are you seeking seasonal, temporary, or intermittent workers but can’t seem to find any suitable local candidates? We can help! By partnering with businesses, we assist with the placement of workers using the H-2B visa.
The H-2B guest worker program is often an ideal solution for both businesses and workers. The visa program ensures that your business continues to operate at optimum performance and the H-2B guest worker enjoys gainful employment. The H-2B visa is for non-agricultural workers.
We recognize that you might be seeking employees to fill non-agricultural work positions such as with food packaging, landscaping, retail business, forestry, seasonal construction, or restaurant services. Our recruiting specialists’ partner with your business to help fill your positions with skilled workers.

Purpose of the H-2B Visa Program

The H-2B Visa program was created to give U.S. landscaping, hospitality, seasonal construction, manufacturing, food packaging, carnival, restaurant/resort, and retail businesses access to a pool of workers. In certain, very limited circumstances, caregiving professionals are also allowed to enter the country on an H-2B visa.
Every year there is only a limited number of H-2B workers. . Ideally, applicants must take great care completing the application to ensure its accuracy and then submit the paperwork early to have the greatest chance of approval success. The H-2B visa is a double-edged option because it is great for providing businesses with the help they need, but navigating the regulator requirements is very time consuming.

At AW Labor Solutions we provide you with a legal seasonal workforce for all of your business needs.

We want to help your business grow because your success is also our success.
Contact Us Today!

Regulatory Requirements for the H-2B Visa Program

Employers must meet the H-2B visa program’s regulatory requirements, especially if they plan to fill temporary, non-agricultural jobs with workers who are foreign nationals.
An H-2B visa is a non-immigrant visa so there is no limit on the length of time that the visa holder is allowed to stay. Employers don’t have to be concerned that the employee will receive training and then immediately face deportation due to their visa time allotment running out.
The length of time that the worker can reside within the U.S. will vary based on justification of need. H-2B visas can be as short as a few weeks or as long as a few years, it just depends on the nature of the need. In no event is an H-2B visa longer than 3 years. . It should be noted that an H-2B visa holder is required to leave the United States for at least 90 consecutive days every three years.
The H-2B visa not only grants the visa holder entrance into the U.S. and the ability to work but it also allows the visa holder to bring their spouse and children (unmarried and under the age of 21) using an H-4 visa.
The H-2B allows foreign nationals to enter the United States to make money but the national does not actually apply for the visa. Instead, prospective employers who are seeking help must apply for the visas on behalf of their workers.
h2b recruitment agency

Qualifications Needed for an
H-2B Worker Visa

A U.S. employer must establish the following to hire workers using an H-2B worker visa:
  • Show that there is a lack of qualified U.S. workers.
  • The employer was unable to find qualified workers.
  • Using an H-2B visa to employ a foreign national will not impact the wages or working environment of similar U.S. workers who are working for comparable wages.
  • The employer must show an actual need for the worker to fill the temporary slot.
  • The act of employing a foreign national cannot impact the wages or working environment of a U.S. worker.
  • The need for an H-2B worker must be temporary or one-time. Seasonal positions are ideal because the businesses often need to enlarge their workforce during peak times of the year. The visa holder effectively meets the needs of the business even if their services are short lived.

Filling Your Business Needs for an H-2B Worker Visa

Our representatives will speak with your business to obtain an accurate job description. We can then help you carry out the following steps:
  • Apply for and be granted a Department of Labor Prevailing Wage Determination
  • Obtain certification for the H-2B Visa from the Department of Labor
  • Check the local U.S. market to show proof that there is a lack of local Americans to fill our business’s positions.
  • Receive certification
  • Draft a petition requesting the visas from the United States Citizenship & Immigration
  • Gain approval from the United States Citizenship & Immigration
  • Bring the guest worker across the border and allow them to pick up their issued H-2B visa.
h2b recruitment agency
With the H-2B visa process being complicated, we can help you gain the workers you need. Each year, only 66,000 visas are issued per fiscal year (between the first and second half of the year and assuming there is no temporary cap increase). You’ll need to time your application process perfectly. However, please remember that even though there is a cap on H-2B visas, employers can still recruit workers in some situations because there are exemptions.
Legislation is also constantly changing. Currently, there is a focus on changing the H-2A visa program which could ultimately impact the H-2B. They are thinking of excluding construction workers from an H-2A which would then require them to fill the positions with an H-2B which means less of the visas going to agricultural businesses for workers each year and a more competitive H-2B cap.

Ongoing Requirements for Employers

Once the H-2B visa is granted, employers must also notify the USCIS within two business days if:
  • The visa holder does not report to work within five days of their employment start date.
  • Any time a visa holder leaves employment without providing a notice or does not report to work for five consecutive workdays without first gaining consent from the employer.
  • The employer terminates the worker before the job is completed.
  • The job is completed more than 30 days before the expected completion date.
We know and understand the employee needs of companies. We can help with the requirements for the H-2B visa program. Contact us today to learn more.

At AW Labor Solutions we provide you with a legal seasonal workforce for all of your business needs.

We want to help your business grow because your success is also our success.
Contact Us Today!
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