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The H-2B program is the only legal seasonal foreign worker visa program for non-agricultural employers. Workers may be employed up to ten months of the year. There is no limit to the number of years an employer or worker can participate in the program.
Who May Apply
Any U.S. employer who can demonstrate a recurring seasonal or peak load labor need may apply for the H-2B program. Examples of industries and operations which currently use the program to meet some or all of their seasonal labor needs include:
- asphalt and paving contractors, masonry contractors, framing and roofing contractors, and other seasonal construction trades
- landscape contractors
- tree planters and seasonal lumber mills
- manufacturers of seasonal items
- installers of seasonal items and seasonal maintenance companies
- seasonal retailers and wholesalers, including nurseries and garden centers
- food processors and produce packers, including seafood processors and fish packers
- resorts, restaurants and hotels
- tent erection and other special event companies
When to Apply
MAS-H2B handles the H-2B process for employers looking for the shortest - and smartest - road to procuring qualified labor. We start with an application to the state employment security agency (Job Service) and U.S. Department of Labor (DOL). The application should be filed 120 days (four months) before workers are needed. MAS-H2B requires an additional 30 days to prepare initial paperwork and to develop appropriate application materials for the specific employer and job.
Therefore, please contact MAS-H2B at least 150 days (or five months) prior to the date you need workers to begin work.
The "H-2B Cap"
There is a 66,000 annual limit or cap on new H-2B visas. The “cap relief” legislation passed in 2005 and renewed again in 2006 helped in two ways:
- Workers who participated in the program in any of the preceding three years do not count against the cap.
- 33,000 visas for new workers are reserved for employers whose seasonal needs start in the first half of the government fiscal year (October through March) and 33,000 are reserved for employers whose needs start in the second half of the fiscal year (April through September).
Each of the two provisions substantially increased the number of employers and workers participating in the program. As of now, no relief has been enacted for the government fiscal year that begins October 1, 2007. See SaveSmallBusiness.org for additional information about how you can get involved to ensure the viability of the H-2B program in future years.
Click here for requirements of H-2B employers
Click here for a summary of MAS-H2B’s comprehensive service for a single flat fee
Click here for the complete MAS-H2B information and application package
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