H-2B visa

The H-2B visa nonimmigrant program permits employers to hire workers to come temporarily to the United States. and perform temporary nonagricultural services or labor on a one-time, seasonal, peakload or intermittent basis.

The H-2B visa classification requires the United States Secretary of Homeland Security to consult with appropriate agencies before admitting H-2B non-immigrants. Homeland Security regulations require that, except for Guam, the petitioning employer first apply for a temporary labor certification from the United States Secretary of Labor indicating that: (1) there are not sufficient U.S. workers who are capable of performing the temporary services or labor at the time of filing the petition for H-2B classification and at the place where the foreign worker is to perform the work; and (2) the employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. The Department of Labor will review and process all H-2B applications on a first in, first out basis.

Employers seeking to employ temporary H-2B workers must apply for Temporary Employment Certification to the Chicago National Processing Center (NPC). An employer may submit a request for multiple unnamed foreign workers as long as each worker is to perform the same services or labor, on the same terms and conditions, in the same occupation, in the same area of intended employment during the same period of employment. Certification is issued to the employer, not the worker, and is not transferable from one employer to another or from one worker to another.

Workers admitted under a H-2B visa are vulnerable to exploitation and abuse. They may pay excessive fees for getting the visa, rent, and uniforms, and not receive the pay and work promised. They may be moved from job to job by a labor contractor who is skilled in exploiting workers. Often the labor certification is fraudulently obtained and local wages and working conditions are also depressed. They are not permitted to change jobs and if they complain or quit may be deported.

External links and further reading

 * "Dirty Work: In-Sourcing American Jobs with H-2B Guestworkers" "Backgrounder" by David Seminara on the website of Center for Immigration Studies, January 2010, accessed October 7, 2010
 * Application process and documentation required for H-2B Visa petitioners
 * H-2B Visa Application - Interview Tutorials
 * "Cap Count for H-2B Nonimmigrants" on the website of ILW.COM, Immigration Daily, February 1, 2012