The [H-2B nonimmigrant visa category](/immigration-resources/nonimmigrant-visa-guide) is primarily designed for foreign nationals who are coming to the United States to perform [non-agricultural temporary or seasonal work](/immigration-resources/nonimmigrant-visa-guide). Unlike other visa categories that are centered around tourism, business, or study, the H-2B visa is specifically aimed at filling temporary jobs for which U.S. workers are not available.

The maximum period of stay under the H-2B visa is typically 3 years. This includes extensions, which are granted in increments of up to 1 year each. However, it is important to note that the H-2B visa is tied to the specific employer and job position; the visa holder cannot change employers or job positions without going through a new application process.

Extensions of stay can be granted in certain situations, but they are not guaranteed. Usually, an extension may be granted if it is proven that the need for the H-2B worker’s services or labor is still temporary. The total period of stay, including extensions, should not exceed 3 years.

As for [changes of status](https://www.uscis.gov/visit-the-united-states/change-my-nonimmigrant-status^), these are not common for H-2B visa holders, as the visa is intended for temporary workers and is not a direct path to permanent residency or citizenship. However, H-2B visa holders may change their status to another nonimmigrant visa category if they meet the requirements for that category. For instance, a change of status to a [student visa](/immigration-resources/f-1-student-visa-interview-guide) may be possible if the visa holder is accepted into a qualifying U.S. educational program.

To be eligible for an H-2B visa, applicants must meet several specific requirements:

**Employer's Temporary Need:** The U.S employer or agent must establish that their need for the prospective worker's services or labor is temporary, regardless of whether the underlying job can be described as temporary. The employer’s need is considered temporary if it is a(n):

**Job Qualifications and Requirements:** There are no specific educational or professional qualifications for H-2B eligibility. However, the prospective H-2B worker must meet any requirements specified by the employer in the job offer. This may include specific job skills or previous work experience, depending on the nature of the job.

**Lack of U.S. Workers:** The employer must establish that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.

**No Adverse Effect on U.S. Workers:** The employer must also demonstrate that the employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

**Valid Job Offer:** The applicant must have a valid job offer from a U.S. employer for temporary or seasonal non-agricultural employment.

**Intent to Return Home:** The applicant must demonstrate an intent to return to their home country upon the expiration of the visa. The H-2B visa is not a dual intent visa, meaning it does not allow holders to seek or apply for permanent residency in the U.S.

It's also worth noting that the H-2B program is limited to nationals of countries that the Secretary of Homeland Security has designated as eligible to participate. The list of eligible countries is published annually by the Department of Homeland Security.

What are the Benefits of the H-2B US Visa?

Holding an H-2B visa comes with several benefits:

**Permission to Work:** The primary benefit of the H-2B visa is that it allows foreign nationals to work in the United States for a temporary period. This provides an opportunity to gain experience and earn income in a variety of non-agricultural fields.

**Part-Time Study:** While the H-2B visa is not a student visa, H-2B visa holders are allowed to enroll in part-time study. However, their primary purpose in the U.S. must remain the job for which their H-2B visa was granted.

**Travel within the U.S. and Abroad:** H-2B visa holders are free to travel within the U.S. during their stay. They may also travel abroad and re-enter the U.S., provided they have a valid visa.

**Family Members:** H-2B visa holders can bring their spouse and unmarried children under the age of 21 to the U.S. under the [[H-4 visa](https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/employment-authorization-for-certain-h-4-dependent-spouses^) category](https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/employment-authorization-for-certain-h-4-dependent-spouses^). H-4 visa holders cannot work, but they can attend school or college.

**Possibility to Change Status:** Though it is not common, H-2B visa holders can apply to change their status to another nonimmigrant visa category, provided they meet the eligibility criteria for that category. For example, if an H-2B visa holder is accepted into a full-time study program, they may be able to change their status to an [F-1 student visa](/immigration-resources/change-status-b1-b2-f1-student-visa).

**Extension of Stay:** Under certain circumstances, H-2B visa holders may apply for [extensions of stay](https://www.uscis.gov/i-9-central/covid-19-form-i-9-related-news/form-i-9-guidance-for-h-2b-workers-seeking-to-change-employers^) in increments of up to one year. The maximum period of stay, including extensions, is generally 3 years.

However, it's important to remember that the H-2B visa is a temporary work visa, and it is not intended to serve as a stepping stone to permanent residency or citizenship. Holders of an H-2B visa must maintain an intention to return to their home country at the end of their authorized stay, unless they apply for and are granted a change of status or adjustment of status.

How do I Apply for the H-2B US Visa Step-by-Step?

Applying for an H-2B visa involves several steps, and the process begins with the prospective U.S. employer. Here is a step-by-step guide:

**Step 1: Petition by the U.S. Employer**

The U.S. employer or U.S. agent representing the employer must first obtain a temporary labor certification from the [Department of Labor (DOL)](https://www.dol.gov/^). This involves proving that there are insufficient capable U.S. workers for the job and that employing foreign workers will not negatively affect U.S. labor conditions.

After receiving the temporary labor certification, the employer can file [Form I-129, Petition for Nonimmigrant Worker](/immigration-resources/form-i129-petition-nonimmigrant-worker), with [U.S. Citizenship and Immigration Services (USCIS)](/immigration-resources/uscis-processing-times-guide).

If USCIS approves the Form I-129, the employer or agent is sent a Notice of Approval, [Form I-797](/immigration-resources/i-797-notice-of-action-forms-guide).

Once the Form I-129 petition has been approved, the prospective workers outside the U.S. can apply for the H-2B visa. This involves:

The applicant must attend the visa interview at the U.S. Embassy or Consulate. They must bring all required documents, including:

The consular officer will interview the applicant and determine whether they are eligible for the H-2B visa.

Wait times for visa appointments can vary widely depending on the location, time of year, and specific circumstances. It's recommended to apply for the visa as early as possible. Applicants can check the wait times for the particular U.S. Embassy or Consulate on its website or on the [U.S. Department of State's website](https://www.state.gov/^).

What Documentation is Required for the H-2B US Visa?

Applying for an H-2B visa requires several documents. Here's a list of the essential documentation needed:

**1. Form DS-160 Confirmation Page:** After completing the online visa application form (DS-160), you must print the confirmation page to bring to your interview.

**2. Passport:** Your passport must be valid for at least six months beyond your period of stay in the United States.

**3. Photographs:** You will need to upload a color photograph as part of completing the online DS-160. If the upload fails, you must bring one printed photo in the format explained in the Photograph Requirements.

**4. Receipt Number of Approved Petition:** You must have the receipt number that you will find on your approved Form I-129 petition.

**5. Proof of Ties to Your Home Country:** You must demonstrate that you have strong ties to your home country that will compel you to leave the U.S. at the end of your temporary stay. This can include proof of family, job, property, or other commitments in your home country.

**6. Application Fee Payment Receipt:** If you are required to pay before your interview, you must provide proof of payment.

Additional documentation may be requested to establish if you are qualified. For example, additional requested documents may include evidence of:

**7. Academic or Professional Qualification:** Depending on the nature of the job, you may be asked to provide evidence of your educational or professional qualifications. This could include diplomas, certificates, or letters from previous employers.

**8. Financial Stability:** In some cases, you may be asked to provide evidence of your financial stability to ensure you can support yourself during your stay in the U.S. This could include bank statements or payslips.

Remember, the exact requirements can vary from case to case, and additional documents may be requested during your visa interview. It's essential to check the specific requirements for your situation with the U.S. Embassy or Consulate where you will be applying.

How Should I Prepare for the H-2B US Visa Interview?

The consular interview is an important part of the H-2B visa application process. Here are some tips to help you prepare:

**1. Understand Your Job:** Be ready to explain in detail the job you will be doing in the U.S., including the tasks and responsibilities associated with it. Be sure to review the job description and contract provided by your employer.

**2. Demonstrate Ties to Your Home Country:** One of the primary reasons for H-2B visa denial is a failure to convince the interviewer that you intend to return home after your temporary stay. Be prepared to provide evidence of strong ties to your home country, such as property, family, or a job waiting for you upon your return.

**3. Know Your Employer:** Be familiar with your employer's business and why they need your skills. This will show the consular officer that you and your employer have a genuine need for your services in the U.S.

**4. Be Honest:** Always tell the truth during your interview. Misrepresenting facts could lead to your visa being denied.

**5. Be Organized:** Have all your documentation organized and ready to present. This will help the interview go smoothly and show that you are prepared.

Remember, the consular officer is there to ensure that you meet all the requirements for the visa. Be honest, be prepared, and be yourself.

What are the Fees Associated with the H-2B US Visa?

The costs associated with the H-2B visa include several fees:

**1. Temporary Labor Certification Fee:** The U.S. employer must pay for the temporary labor certification process. This fee varies depending on the specifics of the job and the number of workers being requested.

**2. Form I-129 Fee:** Once the temporary labor certification is approved, the employer must file Form I-129, Petition for a Nonimmigrant Worker, with USCIS. The current base filing fee for Form I-129 is $460.

**3. Visa Application Fee (MRV Fee):** Applicants need to pay a non-refundable visa application fee, also known as the MRV fee. As of the time of this writing, the MRV fee for the H-2B visa is $190.

**4. Visa Issuance Fee:** This is a fee that is charged by some U.S. Embassies or Consulates, and it varies by nationality, based on "reciprocity" (what another country charges a U.S. citizen for a similar-type of visa). You will have to check with your local U.S. Embassy or Consulate to see if this fee applies to you.

**5. Other Possible Costs:** Depending on your situation, you may also need to account for other costs, such as travel expenses to the U.S. Embassy or Consulate for your interview, medical examination fees, and any expenses related to obtaining the necessary documents for your application.

Please note that fees are subject to change and it's always best to check the most current fees on the official USCIS or Department of State websites. Also, remember that the H-2B visa fees must generally be paid by the U.S. employer, not the foreign worker, according to U.S. labor laws.

What Should I Expect After H-2B US Visa Approval?

Once your H-2B visa has been approved, here are the next steps:

**1. Receive Your Visa:** You will receive your passport containing the H-2B visa from the U.S. Embassy or Consulate. Check the visa to make sure all your personal details are correct and match the information in your passport.

**2. Plan Your Travel:** You can now plan your travel to the U.S. However, be aware that a visa does not guarantee entry into the U.S. The final decision is made by the [Customs and Border Protection (CBP)](https://www.cbp.gov/^) officer at the port of entry.

**3. Arrival in the U.S.:** Upon your arrival in the U.S., you will go through the CBP admission process at the airport, seaport, or border crossing. The CBP officer will validate your visa entry, take fingerprints, and may ask you questions about your stay in the U.S.

**4. Form I-94:** The CBP officer will stamp your passport and generate an electronic [I-94 record](https://i94.cbp.dhs.gov/^). This record shows your legal status in the U.S., including your arrival date and the date by which you must depart. You can access your I-94 record online.

**5. Start Your Employment:** Once you have been admitted into the U.S., you can start your employment as per the terms and conditions outlined in your H-2B petition.

**6. Maintain Your Legal Status:** It's essential to maintain your legal status while in the U.S. This means you should only undertake the work detailed in your H-2B petition, refrain from illegal activities, and leave the U.S. by the date specified in your I-94 record, unless you have applied for and been granted an extension of stay.

Remember, the H-2B visa is employer-specific, which means you can only work for the employer who filed the H-2B petition on your behalf. If you wish to change jobs, your new employer must file a new H-2B petition.

How Can I Maintain my H-2B US Visa Status?

Maintaining your legal status in the U.S. is crucial when on an H-2B visa. Here are the key requirements and limitations:

**1. Work for Petitioning Employer:** The H-2B visa is employer-specific, meaning you are only authorized to work for the employer who sponsored your visa. If you want to change jobs, your new employer must file a new H-2B petition. You cannot start working for the new employer until the new H-2B petition is approved.

**2. Adhere to the Terms of Employment:** You must perform the work as outlined in your H-2B petition. The petition will specify the nature of the work, the location, and the period of employment. Any changes to these terms must be approved through a new H-2B petition.

**3. Don't Overstay Your Visa:** You must leave the U.S. by the date specified in your I-94 record, unless you have applied for and been granted an extension of stay. Overstaying can result in serious consequences, including a ban on future travel to the U.S.

**4. Maintain an Intention to Return Home:** The H-2B visa is a non-immigrant visa, meaning it does not provide a path to permanent residency or citizenship. You must maintain an intention to return to your home country at the end of your authorized stay.

**5. Part-time Study Allowed:** You can enroll in part-time study while on H-2B visa, but your primary purpose in the U.S. must be the job for which your H-2B visa was granted.

**6. No Self-Employment:** Self-employment or freelance work is not allowed on an H-2B visa. You can only perform work for the employer who sponsored your visa.

**7. Follow U.S. Laws:** You are required to follow all local, state, and federal laws in the U.S. Failure to do so can result in your visa being revoked.

Remember, maintaining your legal status is crucial for your ability to remain in the U.S. and to apply for visas in the future. If you have any questions or concerns about your status, it's recommended to consult with an [immigration attorney](/immigration-resources/immigration-parole-guide).

How Can I Extend or Change my H-2B US Visa Status?

While the H-2B visa is a temporary work visa, there are circumstances under which you may extend your stay or change your status to another nonimmigrant category:

To extend your H-2B visa, your employer must file a new Form I-129, Petition for Nonimmigrant Worker, before your current authorized stay expires. The employer must again demonstrate a temporary need for your services and that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work.

The extension of stay may be granted in increments of up to 1 year. The maximum period of stay, including extensions, is generally 3 years. After this period, H-2B workers must leave the U.S. for an uninterrupted period of 3 months before seeking readmission under the H-2B or H categories.

To change to a different nonimmigrant visa category, you must fill out [Form I-539](/immigration-resources/i-797-notice-of-action-forms-guide), Application to Extend/Change Nonimmigrant Status, before your current authorized stay expires. You must also meet the eligibility requirements for the new visa category.

The necessary documents and timelines for extending or changing your status will depend on your specific situation and the visa category you are switching to. Always check the USCIS website or consult with an immigration attorney for the most current and relevant information.

Please note that not all nonimmigrant visa categories allow for a change of status. Some require you to leave the U.S. and apply for the new visa at a U.S. Embassy or Consulate in your home country. It's crucial to plan and start the process well before your current status expires to avoid falling out of legal status.

What are Common Mistakes in the H-2B US Visa Process and How Can I Avoid Them?

Applying for a visa can be a complex process and it's easy to make mistakes. Here are some common issues with H-2B visa applications and advice on how to avoid them:

**1. Not Demonstrating Strong Ties to Home Country:** The H-2B visa is a non-immigrant visa and you must demonstrate that you intend to return home at the end of your temporary stay. Be prepared to provide evidence of your ties to your home country, such as family, property, or a job.

**Avoidance Tip:** Collect substantial evidence of your ties to your home country before your interview. This could include property deeds, a letter from an employer, or proof of close family ties.

**2. Incorrect or Incomplete Application:** Any errors or omissions in your application can delay the process or even result in a denial.

**Avoidance Tip:** Review your application carefully before submitting it. Make sure all the information is accurate and complete. If you're unsure about any part of the application, consult with an immigration attorney.

**3. Working for an Unauthorized Employer:** The H-2B visa is employer-specific, meaning you can only work for the employer who filed the H-2B petition. Taking up unauthorized employment can lead to your visa being revoked.

**Avoidance Tip:** Only work for the employer specified in your H-2B petition. If you want to change jobs, your new employer must file a new H-2B petition and you cannot start the new job until the petition is approved.

**4. Overstaying Your Visa:** Overstaying the period of your authorized stay can have serious consequences, including being barred from reentering the U.S. in the future.

**Avoidance Tip:** Keep track of the expiration date of your stay (as specified in your I-94 record) and make sure to leave the U.S. before this date. If you wish to extend your stay, start the process well before your current status expires.

**5. Not Understanding the Job:** Failing to adequately understand and explain the job you will be doing can cause issues during the visa interview.

**Avoidance Tip:** Make sure you understand the job description and why your skills are necessary for the role. Be prepared to explain this during your interview.

Remember, every visa application is unique and it's always a good idea to get advice tailored to your specific situation from an immigration expert.

Yes, you can renew your H-2B visa. Your employer must file a new Form I-129, Petition for Nonimmigrant Worker, before your current authorized stay expires. The extension may be granted in increments of up to 1 year, and the total period of stay, including extensions, is generally 3 years.

Yes, it is possible to change your status from H-2B to another nonimmigrant visa category, provided you meet the eligibility criteria for the new category. To do this, you would need to file [Form I-539, Application to Extend/Change Nonimmigrant Status](/immigration-resources/form-i539-extending-changing-nonimmigrant-status), before your current authorized stay expires.

Yes, you can travel outside the U.S. while on an H-2B visa. However, you must have a valid visa to return to the U.S. If your visa will expire while you are out of the U.S., you will need to apply for a new one at a U.S. Embassy or Consulate in your home country.

Yes, your spouse and unmarried children under the age of 21 may accompany you to the U.S. on an H-4 visa. However, H-4 visa holders are not allowed to work in the U.S., but they can attend school or college.

Yes, you can engage in part-time study while on an H-2B visa. However, your primary purpose in the U.S. must be the job for which your H-2B visa was granted.

The H-2B visa is employer-specific, which means you can only work for the employer who filed the H-2B petition. If you want to change jobs, your new employer must file a new H-2B petition. You cannot start working for the new employer until the new petition is approved.

What are Some Frequently Asked Questions about the H-2B US Visa?

Can I change my status from H-2B to a different visa category?

Can I travel outside the U.S. on an H-2B visa?

Can I bring my family with me on an H-2B visa?

Are you a non-agricultural worker seeking temporary employment in the U.S.? This guide explains the H-2B visa process, including eligibility, benefits, application steps, fees, and post-approval procedures. We also answer common questions.

H-2B US Visa: A Guide for Temporary Non-Agricultural Workers

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The duration depends on several factors, including the capacity of the United States Embassy or Consulate in your country.

The fee required by the United States government is paid whether the visa is accepted or not, and it is non-refundable. Our advice aims to increase the likelihood of your visa being approved.

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