H-2B Temporary Non-Agricultural Visa Services

The H-2B visa allows U.S. employers to hire foreign nationals for temporary non-agricultural work, such as in hospitality, landscaping, construction, seafood processing, and more. Because the application process is highly competitive and time-sensitive, expert legal guidance is essential. At KW Immigration Law PC, we offer high-level, results-driven assistance for both employers and workers navigating the complex H-2B process.

Who Qualifies for an H-2B Visa? Eligibility for the H-2B visa involves strict requirements for both employers and foreign workers:

• The position must be temporary in nature (seasonal, peak-load, intermittent, or one-time occurrence)
• The employer must demonstrate a shortage of available U.S. workers
• The job must be non-agricultural
• The foreign worker must be from an eligible H-2B country (as designated by the Department of Homeland Security)

Our H-2B Legal Services Include:

• Employer eligibility assessment and recruitment compliance
• Prevailing wage determination and temporary labor certification (DOL stage)
• Preparing and filing Form I-129 with USCIS
• Support with consular processing and worker entry logistics
• Extensions, amendments, and guidance on returning workers and cap exemptions

Important Considerations:

• H-2B visas are subject to a numerical cap (currently 66,000 annually, split between two halves of the fiscal year)
• Timing is crucial—petitions must be filed months in advance and on a strict calendar
• Some workers may qualify for returning worker exemptions
• H-2B status is typically granted for up to 9 months and may be extended in limited situations

Tips for a Successful H-2B Petition:

• Plan well in advance and align with Department of Labor deadlines
• Be ready to prove the seasonal or temporary nature of the job
• Maintain complete and compliant recruitment efforts before filing
• Use experienced counsel to avoid costly errors and rejections

Why Choose KW Immigration Law PC? Our firm has a proven record of success with H-2B filings, even under the pressure of annual quotas and strict DOL timelines. We help businesses of all sizes—from resorts to landscaping companies—secure the workers they need while ensuring full compliance with labor and immigration laws. Our personalized approach, strategic planning, and timely execution make us a trusted partner in seasonal hiring.

Need seasonal workers for your business? Book a FREE phone screening with KW Immigration Law PC today to discuss your hiring needs and begin the H-2B process with confidence.