Foreign Labor Certification - H-2B Program Overview

An overview of the H-2B Temporary Non-Agricultural Program

H-2B Program

The H-2B temporary non agricultural program permits employers who meet the program requirements to hire nonimmigrant workers to temporarily come to the U.S. and perform non-agricultural services or labor based on the employer's temporary need. The employer applicant must establish that its need for non-agricultural services or labor is temporary in nature, regardless of whether the underlying job is permanent or temporary.

To participate in the H-2B program, an applicant must:

  • Be a bona-fide employer with a valid Federal Employer Identification Number (FEIN);
  • Have a place of business (i.e., physical location) in the United States; and
  • Have a means by which it can be contacted for employment.

The employer's job opportunity (opportunities) must be:

  • Temporary (i.e., nine months or less, except one time occurrences);
  • Full-time (i.e., 35 or more hours per week); and
  • Non-agricultural employment within a specified area(s) of intended employment.

Temporary need must be established as one of the following:

  • One-time occurrence;
  • Seasonal need;
  • Peakload need; or
  • Intermittent need.

With the exception of a one time occurrence need, which can last up to three years, temporary need will not be approved for longer than nine months.

MassHire Programs and Services are funded in full by US Department of Labor (USDOL) Employment and Training Administration grants. Additional details furnished upon request.

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