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Who May Qualify for H-2B Classification?
To qualify for H-2B nonimmigrant classification, the petitioner must establish that:
Note: Employment is not seasonal if the period during which the service or labor is needed is:
H-2B petitioners must also provide a single valid temporary labor certification from the U.S. Department of Labor (DOL), or, in the case where the workers will be employed on Guam, from the Guam Department of Labor (Guam DOL).
H-2B Cap
There is a statutory numerical limit, or “cap,” on the total number of individuals who may receive H-2B nonimmigrant classification during a fiscal year.
Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap. For additional information on the current H-2B cap, and on workers who are exempt from it, see the “Cap Count for H-2B Nonimmigrants” page.
H-2B Eligible Countries List
Except as noted below, H-2B petitions may only be approved for nationals of countries that the Secretary of Homeland Security has designated, with the concurrence of the Secretary of State, as eligible to participate in the H-2B program.
The Department of Homeland Security publishes the list of H-2A and H-2B eligible countries annually in a Federal Register notice. Designation of eligible countries is valid for one year from publication.
Effective Jan. 18, 2013, nationals from the following countries are eligible to participate in the H-2B program:
Argentina |
Estonia |
Kiribati |
Peru |
Tonga |
Australia |
Ethiopia |
Latvia |
Philippines |
Turkey |
Barbados |
Fiji |
Lithuania |
Poland |
Tuvalu |
Belize |
Grenada |
Macedonia |
Romania |
Ukraine |
Brazil |
Guatemala |
Mexico |
Samoa |
United Kingdom |
Bulgaria |
Haiti |
Moldova |
Serbia |
Uruguay |
Canada |
Honduras |
Montenegro |
Slovakia |
Vanuatu |
Chile |
Hungary |
Nauru |
Slovenia |
|
Costa Rica |
Iceland |
The Netherlands |
Solomon Islands |
|
Croatia |
Ireland |
Nicaragua |
South Africa |
|
Dominican Republic |
Israel |
New Zealand |
South Korea |
|
Ecuador |
Jamaica |
Norway |
Spain |
|
El Salvador |
Japan |
Papua New Guinea |
Switzerland |
|
A national from a country not on the list may only be the beneficiary of an approved H-2B petition if the Secretary of Homeland Security determines that it is in the U.S. interest for him or her to be the beneficiary of such a petition. (See 8 CFR 214.2(h)(2)(iii) and 8 CFR 214.2(h)(6)(i)(E)(2) for additional evidentiary requirements.)
Period of Stay
Generally, USCIS may grant H-2B classification for up to the period of time authorized on the temporary labor certification. H-2B classification may be extended for qualifying employment in increments of up to 1 year each. A new, valid temporary labor certification covering the requested time must accompany each extension request. The maximum period of stay in H-2B classification is 3 years.
A person who has held H-2B nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2B nonimmigrant. Additionally, previous time spent in other H or L classifications counts toward total H-2B time.
Exception: Certain periods of time spent outside of the United States may "interrupt" an H-2B worker's authorized stay and not count toward the 3-year limit. See "Calculating Interrupted Stay for H-2 Classifications" for additional information.
Family of H-2B Workers
Any H-2B worker's spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.
The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. employer, or U.S. agent as described in the regulations, must file Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf with all other required and supporting forms and document.
Madison, WI Office
2236 County Road MM
Fitchburg, WI 53575
Phone: 608.276.5700
1-800-DURRANI
Fax: 608.276.5700
Tampa, Plant City, FL Office
3309 Jap Tucker Road
Plant City, FL 33566
Phone: 813-763-3181
Mr. Ajmal Khan, Manager
Office Visit by Appointment ONLY Se Habla Español
1.800.DURRANI