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Guiding you through each criteria to qualify for H-2B.
  1. Must be a U.S. employer with a non-agricultural job opportunity located within the U.S.
  2. The job opportunity must be both full time and temporary (generally less than 10 months) and based one of the following 4 reasons:
    • Peakload - regularly employ individuals in the needed temporary position; however you need to supplement staff during your busy time of year. The busy time is both predictable and recurring each year at the same time.
    • Seasonal - do not regularly employee individuals in the needed temporary position and you only need them during a specific time of year. The time is predictable and recurring each year at the same time.
    • One - Time Occurrence - must establish that you have not employed the needed temporary workers in the past and will not need them in the future. The workers are needed because of a temporary event of short duration.
    • Intermittent - must establish that you have not employed permanent or full –time workers in the past; but occasionally need temporary workers to perform the needed services for a short period of time.
  3. There must not be sufficient U.S. workers who are willing and capable of performing the temporary services at the time of filing the petition.
  4. Hiring foreign workers must not negatively affect the wages and/or working conditions of similarly employed U.S. workers.
  5. Employer must:
    • Have a physical location in the U.S. and a means by which it may be contacted for employment
    • Have the ability to hire, pay, fire, supervise or otherwise control the work of employees.
    • Possess a valid Federal Employer Identification Number (FEIN)..
Part-time employment does not qualify for H-2B. A job opportunity is considered temporary if the employer’s need for the duties to be performed is temporary, whether or not the underlying job is permanent or temporary.

U.S. Department of Labor – H-2B Labor Certification Overview CLICK HERE

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