Who is eligible?
Any U.S. employer that can demonstrate a recurring seasonal or peak load labor need and has a valid Federal ID number can participate. Examples of industries currently using this program include:
- Seafood processing
- Forest and conservation workers
- Amusement parks
- Waiters and waitresses
- Janitors and cleaners
What is a seasonal or peak load labor need?
Seasonal Need: The employer must establish that the services or labor are traditionally tied to a season of the year by a temporary event or pattern that is of a recurring nature.
Peak-load Need: The employer must establish that it regularly employs permanent workers to perform the services or labor, and it needs to supplement its staff with seasonal laborers to meet a short term peak demand.
When do I apply?
The H-2B application process typically takes 120 days to complete. Please apply with Phoenix at least 150 days prior to your start date.
How does the process work?
Initially, we meet with you for a consultation to determine your employment needs. After this is complete, our team will assist with:
- Obtaining a wage determination from Department of Labor based on your job duties and area of employment
- Applying for a temporary labor certification for H-2 workers with the US Department of Labor
- Filing Form I-129 with US Citizenship and Immigration Services
- Worker processing and scheduling for visa appointments with the US consulate
Is the H-2B program harmful to US workers?
No, employers can only complete the H-2B process after determining that an insufficient number of US workers are available. H-2B employers are legally obligated to give preference to U.S. workers.
How much am I going to pay H-2B workers?
The U.S. Department of Labor issues a Prevailing Wage Determination based on the counties/localities in your application and the nature of job duties performed.
How long can H-2B workers stay in the US?
H-2B workers can stay for up to ten consecutive months. Longer periods of employment do not qualify for the H-2B program. There is no limit on how many years your workers can participate in the program.