H-2B Visa
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Key Forms & Process
The H-2B process is employer-driven and involves multiple government agencies. Step 1: The employer files a Temporary Labor Certification (Form ETA-9142B) with the U.S. Department of Labor (DOL), demonstrating the temporary nature of the need (seasonal, peak load, intermittent, or one-time occurrence) and conducting recruitment efforts to test the U.S. labor market . Step 2: Once the labor certification is approved, the employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS, attaching the certified labor certification and supporting evidence . Step 3: After USCIS approves the petition, the foreign worker applies for the H-2B visa at a U.S. consulate using Form DS-160, attends an interview, and then seeks admission to the U.S. through Customs and Border Protection (CBP) .
What We Handle at ZubaidaLaw
Our legal advocates manage the entire H-2B lifecycle: determining whether your need qualifies as temporary (seasonal, peak load, intermittent, or one-time occurrence), preparing and filing the ETA-9142B with DOL, conducting required recruitment of U.S. workers, filing Form I-129 with USCIS, notarizing supporting documents (job offers, recruitment records, worker qualifications), and preparing workers for consular interviews. We also advise on the annual cap (66,000 visas per fiscal year, split into two halves) and help navigate supplemental visa allocations when available . For fiscal year 2026, DHS has made available an additional 64,716 H-2B visas on top of the statutory cap . We also ensure compliance with employer obligations, including payment of prevailing wages, transportation costs, and the prohibition on charging recruitment fees to workers .
Call us at 865-382-2900 to determine if your business qualifies for the H-2B program and to start the temporary labor certification process today.
It's a non-immigrant visa that allows U.S. employers to hire foreign nationals for temporary non-agricultural jobs when there are not enough U.S. workers available to fill the positions
Common industries include landscaping, hospitality (hotels, resorts), construction, seafood processing, amusement parks, housekeeping, and cleaning services. The job must be temporary and non-agricultural .
Employers must demonstrate their need falls into one of these categories :
Seasonal need: Tied to a recurring season or event (e.g., summer tourism)
Peak load need: Temporary supplement to permanent staff due to seasonal or short-term demand
Intermittent need: Occasional or sporadic need for short periods
One-time occurrence: A temporary, non-recurring situation
Yes. The statutory cap is 66,000 visas per fiscal year – 33,000 for workers starting employment in the first half (October 1 – March 31) and 33,000 for the second half (April 1 – September 30) . The cap is typically reached very quickly. For FY 2026, an additional 64,716 supplemental visas have been made available .
Yes. Extensions can be granted in increments of up to one year, but the total stay cannot exceed 3 years. After reaching the 3-year maximum, the worker must leave the U.S. and remain outside for an uninterrupted three months before being eligible for a new H-2B petition .
Yes. Your spouse and unmarried children under 21 may receive H-4 dependent status. However, H-4 dependents are not authorized to work in the United States .
Employers must :
Pay at least the prevailing wage for the occupation and location
Provide free inbound and outbound transportation (under certain conditions)
Not charge recruitment fees to workers (prohibited)
Maintain accurate records and cooperate with DOL/USCIS audits
Notify USCIS if a worker fails to report, is terminated, or absconds
DHS publishes an annual list of eligible countries. As of November 2024, eligible countries include Mexico, Guatemala, Honduras, El Salvador, Haiti, Colombia, Ecuador, Costa Rica, and many others. Nationals of non-listed countries may be approved on a case-by-case basis if in the U.S. interest .
Typically 3–6 months from start to finish, broken down as :
DOL labor certification: 2–3 months
USCIS petition (I-129): 1–2 months (or 15 days with premium processing)
Consular visa processing: 2–4 weeks
Yes. We provide full notarization services for job offers, recruitment records, worker qualification affidavits, translated foreign documents, and all supporting evidence required for DOL and USCIS filings.
