| H-2B Temporary Nonagricultural Workers
This category is for individuals coming to the United States
to perform temporary services generally for a period of one
year or less, but in no event for more than three years. The
requirements of this visa are that:
- the applicant must have a residence in a foreign country
which he has no intention of abandoning;
- the applicant is coming temporarily to the United States
to perform a temporary service or labor; and
- unemployed persons capable of performing such service
or labor cannot be found in this country.
The visa also requires a labor certification.
The employer of an H-2B worker has an obligation to pay
the cost of return transportation abroad if the employee is
prematurely dismissed.
The temporary nature of the employment and the labor certification
requirement make this visa difficult to obtain and limited
in its usefulness. The occupations for which this visa may
be useful are as follows: camp counselor, entertainers or
athletes, a technician or craftsman as a trainer for a particular
project, personal servants of U.S. foreign service officers
on tour in the U.S., and sheepherders.
Spouses and children of the H-2B worker are admitted in
H-4 status. They may not accept employment unless they have
some independent eligibility for employment authorization.
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