H-2B Visa – Temporary Work in The USA

The H-2B visa is primarily intended for workers who wish to work for a U.S. company for a limited period of time. The visa is subject to a quota, meaning that only a limited number, namely 66,000, of such visas can be issued per fiscal year. Unlike the H-1B visa, applicants for an H-2B visa do not have to prove abstract qualifications, in particular a university degree.

In recent years, the U.S. Department of Homeland Security has also regularly issued additional “supplemental visas” to fill short-term labor shortages. For the 2025 fiscal year, for example, nearly 65,000 additional H-2B visas were made available.

Unlike the H-1B visa, applicants for an H-2B visa do not need to demonstrate abstract qualifications, in particular a university degree. However, if the job in question requires certain knowledge and skills, the applicant must of course be able to demonstrate that they have these.

If the H-2B visa is issued for the performance of unskilled labor, proof of special background knowledge is not required.

The job that the applicant is to fill may only be available for a limited period of time, for example because the work to be performed is project-related or because the job is only available during a certain season, or to compensate for holiday-related peaks in the tourism sector, or to meet a need that arises at regular intervals but does not justify the permanent employment of a worker.

Before a visa can be applied for at the U.S. consulate, the employer must submit a petition to the immigration authorities and first apply to the U.S. Department of Labor for a Temporary Labor Certification. They can do this at the earliest 120 days before the date on which the applicant is to start work at the company.

As part of the application, the employer must advertise the position to be filled by the foreigner in the U.S. and invite applicants who meet the job profile in abstract terms to an interview.

Only if the employer can prove that no suitable U.S. employee has been found will the U.S. Department of Labor issue the required certification.

It makes sense to include foreign language skills in the job description in order to reduce the likelihood of finding a suitable U.S. employee for the position. The U.S. Department of Labor is aware of this strategy. Therefore, foreign language skills should only be made a requirement if it can be proven in detail that and how they are essential for the position to be filled.

The H-2B process is now considered a “moving target”: quotas, returnee rules, and procedural details change almost annually, and in 2025, for example, stricter documentation and compliance requirements for employers were introduced. Employers should therefore carefully review the current status of H-2B regulations before each season and seek legal advice if necessary.

The H-2B visa is initially issued for a maximum period of one year and can then be extended up to a maximum total stay of three years.

At the same time, the legislature or the administration may – as has been the case in recent years – release additional visa quotas for a specific fiscal year, but this does not change the individual maximum stay of three years per person.

Spouses and unmarried children under the age of 21 can apply for an H-4 visa to accompany the applicant. However, they are not permitted to work in the U.S.

Unlike the H-1B visa, the H-2B visa is not a “dual intent” visa. This means that you cannot have any intention of immigrating and must maintain your residence outside the U.S.

In practice, this means that anyone who clearly works toward permanent residence in the U.S. at the beginning or during their H-2B stay risks problems with visa renewal, subsequent H-2B applications, or even entry into the country. Although H-2B holders can generally switch to another, more immigration-friendly category (e.g. a job- or family-based green card) at a later date, they must always remain credible during the term of the H-2B visa that their current stay is indeed only temporary.