“What is an H2B visa?” is a question many are asking, especially with many US immigration programs in a state of flux or uncertainty.
Understanding this visa and its implications is important, especially given the potential business implications associated with various employee visa programs.
Unlike the H1B Visa that was often discussed during the 2016 US Presidential election, H2B Visas are intended for non-agricultural workers coming to the US for temporary employment. Therefore, this program can have an impact on various businesses, especially those in the hospitality industry.
If you are unfamiliar with the program, or want to learn more about how any potential changes to H2B Visas could impact your business, read on for a more in-depth look at the program.
What is an H2B Visa?
The H2B Visa is a unique option within the US immigration system, catering primarily to non-agricultural temporary workers. Its main function is to help businesses when they encounter a shortage of local talent or workers to meet their operational needs.
In order for a company to successfully obtain an H2B Visa for a worker, it must demonstrate a real, temporary need for such workers and provide evidence that efforts to recruit US domestic workers have proven unsuccessful.
One key feature that sets the H2B Visa apart is its focus on temporary jobs. This requires that the roles in question strictly adhere to a specific time period or season. This means that the job needs to fit into one of the following four categories:
- Recurring seasonal demand, meaning a business has a busy season or time each year where it hires more workers than it does throughout the year.
- Temporary demand, which means that the business has work that cannot be paid for by full-time employees and sometimes needs additional help from part-time employees,
- High workload demand, which means that the business has busy periods when the work exceeds what it can handle with only its full-time employees,
- One-off, meaning the business has only one instance where temporary workers are needed.
There is also a limit on the number of H2B visas granted each year. The US issues 66,000 of these visas each year, usually half for the first six months of each fiscal year and half for the last six months.
What Types of Workers Do H2B Visas Cover?
At its core, the H2B Visa program is primarily focused on industries that have a high seasonal or high seasonality of work. The essence of this program is to bridge the gap between the demand for labor during peak seasons and the availability of labor resources.
To provide more context, Workpermit.com, a well-known platform that provides information on various Visa programs, sheds light on the wide range of professionals who benefit from the program:
“Each year, a total of 66,000 temporary workers travel to US shores using H2B visas. This visa paves the way for US employers to tap into immigrant talent for temporary, non-agricultural roles.”
This means that sectors such as amusement parks, which receive an increase in visitors during the summer, or ski resorts which are busy during the winter, are important candidates for this visa program. But the range is not limited to these alone.
A number of other businesses, from golf courses, cruise lines, various resorts, and even seasonal resorts, often fall into the H2B Visa pool. In addition, the program is inclusive, allowing both skilled and unskilled workers to participate.
However, H2B is not carte blanche for businesses to hire from abroad indiscriminately. In contrast to the H1B Visa, which is aimed at specialized occupations that often require advanced qualifications, the H2B emphasizes the unavailability of US workers for the work being performed.
Therefore, if US workers are available and willing for a job role, a company’s application to hire through the H2B Visa program may be a roadblock.
Roles Commonly Filled by H2B Visa Administrators
- Ski resort operators in places like Colorado.
- Amusement park workers in places like Florida.
- Golf course staff.
- Cruise line employees.
- Resorts and seasonal resorts.
- The positions can be for skilled and unskilled workers.
Comparison Between H1B and H2B Visas
To get a clear understanding of the difference between H1B and H2B visa, we have prepared a short comparison table. Although both are non-immigrant visas, their purposes, eligibility criteria, and application procedures differ.
The table below highlights key differences to help businesses and potential applicants navigate the US visa system more effectively:
| Feature/Requirement | H2B Visa | H1B Visa |
|---|---|---|
| The purpose | For temporary non-agricultural workers | For specialized roles that require qualifications or special skills |
| Industries That Commonly Use Visa | Travellers, tourism, seasonal resorts | Technology companies, medical professionals, finance, engineering |
| The nature of Job | Time of year, intervals, peak load, and occurrence | Specialized roles that require specific skills or education |
| Annual Cap | 66,000 | [H1B cap number, e.g., 85,000] |
| The Need for Education | It is not mandatory | At least a bachelor’s degree or equivalent in a related field |
What Changes to H2B Visas Mean for Businesses?
In 2015, US Citizenship and Immigration Services, Department of Homeland Security, Employment and Training Administration and Wage and Hour Division, Labor announced changes to the H2B Visa program. These changes were aimed at strengthening worker protection and increasing openness.
Anticipated Changes to the H2B Visa Program
- Enhanced employee protection.
- Ascension in the open.
- Strict limits on the number of visas issued.
- Rigorous application and evaluation process.
If the proposed changes to other temporary work visas are any indication, future revisions may include stricter limits on the number of visas granted to businesses and workers or a more involved application and vetting process.
But businesses and workers will need to familiarize themselves with the latest 2023 updates, as highlighted in the upcoming video, to understand what specific changes they can make moving forward.
https://www.youtube.com/watch?v=q1UY1vb1mNI
Work Visa Photo via Shutterstock
