H-2B Program Overview

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;
  • Peak Load need.

We work with the Department of Labor to obtain a prevailing wage determination for the counties you conduct business in, then we file the H2B petition with the Department of Labor, upon approval the case is  sent to USCIS for an additional approval, once received our recruiter in Mexico or one of the Northern Triangle Countries locates workers with your required skill set, the workers go through the consular processing interview and are issued a temporary work visa, transportation is arranged for them and they arrive at your jobsite, You do not need to provide housing or meals.

For more information, please contact:
Caroline Mueller, Esq.
Sintsirmas & Mueller Co. LPA
Cleveland, Ohio 44143
Email: cmueller@samimlaw.com
Cell: (330) 715-4491
Office: (330) 405-4736

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