Temporary Non-Agriculture Worker Program

The H-2B temporary non-agricultural program permits employers who meet the program requirements to hire nonimmigrant workers to temporarily come to the U.S. and perform non-agricultural services or labor based on the employer’s temporary need.

The employer applicant must establish that its need for non-agricultural services or labor is temporary in nature, regardless of whether the underlying job is permanent or temporary. Temporary need must be established as one of the following: (One-time occurrence, Seasonal need, Peakload need; or Intermittent need), with the exception of a one-time occurrence need which can last up to three years, temporary need will not be approved for longer than nine months. The Immigration and Nationality Act and regulations issued jointly with the U.S. Department of Homeland Security (DHS) establish employer requirements and worker protections with respect to wages and working conditions. The Department’s Wage and Hour Division has responsibility for enforcing provisions of worker contracts and applicable employment laws.