H-2B, Temporary Labor Certification for Non-Agriculture Workers
The H-2B temporary non-agricultural program permits U.S. employers to hire nonimmigrant workers to come to the U.S. and perform non-agricultural services or labor. Visit our data disclosure page to see all the different types of jobs that fall into the category of H-2B. Current regulations cap the amount of H-2B workers to 66,000 per year. For a detailed explanation of the program and instructions click here.
Step 1: Determine Eligibility
To Participate in the H-2B program, an employer must be a bona fide U.S. employer with possession of a valid Federal Employer Identification Number (FEIN), physically located in the United States and needs to have the means to be contacted for employment
The employer's job opportunities must be:
- Temporary (9 months or less, except one-time occurrences),
- Full-time (35 or more hours per week), and
- Non-agricultural employment within a specified area(s) of intended employment.
With the exception of a one-time occurrence need which can last up to 3 years, temporary need will not be approved for longer than 9 months.
Step 2: Obtain a Prevailing Wage (Forms ETA-9141 and 9165)
- Employer must request and obtain a prevailing wage determination (PWD) from the OFLC Nation Prevailing Wage Center (NPWC) before filing an H-2B application.
- Employers are encouraged to file at least 60 days before the determination is needed.
Step 3: File an Application and Job Order with the Chicago National Processing Center (NPC)
Employers can choose to file either electronically or by mail. Below is a list of what to include:
- H-2B Application for Temporary Employment certification (Form ETA-9142B) and appendices
- A valid PWD tracking number issued by the NPWC
- A copy of the job order submitted to the SWA
- Copies of all contracts and agreements with the employer demonstrating the authority to represent the employer (agents and/or recruiters)
- Contact information for all persons and entities hired by or working for recruiters or agents including any subagents or employees of such person and entities (as applicable)
- Migrant and Seasonal Agricultural Worker Protection Act (MSPA) Farm Labor Contractor Certificate of Registration (agents, as applicable)
- Any applicable supporting documentation
Step 4: Conduct Recruitment of U.S. Workers
Within 14 days of receipt of a Notice of Acceptance, the employer must follow the instructions provided in the Notice of Acceptance and conduct recruitment, including:
- Placing newspaper advertisements,
- Contacting former U.S. workers,
- Contacting the bargaining representative (if any) or posting notice of the job opportunity to the employer's current employees, and
- Conducting any additional recruitment, if directed by the Certifying Officer.