What are the requirements?
There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
The employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary. The employer’s need is considered temporary if it is a(n): one time occurrence, seasonal need, peakload need, OR intermittent need.
One-time occurrence – A petitioner claiming a one-time occurrence must show that it has: Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future; or An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is: traditionally tied to a season of the year by an event or pattern; and of a recurring nature.
Note: Employment is not seasonal if the period during which the service or labor is needed is: unpredictable; subject to change; or considered a vacation period for the employer’s permanent employees.
Peakload need – A petitioner claiming a peakload need must show that it: regularly employs permanent workers to perform the services or labor at the place of employment; needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and the temporary additions to staff will not become part of the employer’s regular operation.
Intermittent need – A petitioner claiming an intermittent need must show that it: has not employed permanent or full-time workers to perform the services or labor; and occasionally or intermittently needs temporary workers to perform services or labor for short periods.
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).
For more information, contact our immigration lawyers and asylum attorneys.