H-2B Program Requirements: Simplified

From Edward Silva, CEO at másLabor

Employers must:

1). Demonstrate a temporary need

H-2B employers must demonstrate that the need for foreign workers is temporary or seasonal in nature. First-time participants may be subject to enhanced scrutiny.

2). Provide transportation

H-2B employers are responsible for providing, paying, or reimbursing travel costs for all non-local workers hired for the contract (U.S. and foreign). This includes inbound and outbound transportation, meals and any overnight lodging while in transit.

3). Meet wage and work hour requirements

H-2B employers must offer full-time employment (35+ hours per week) for the duration of the H-2B contract period, at a government-assigned wage rate. Workers must meet at least 75% of hours disclosed in the contract by the end of the contract period.

4). Attempt to hire local U.S. workers

H-2B employers must attempt to hire local U.S. workers for the job opportunity. This entails advertising the job online, advertising internally at the place of business, contacting laid-off former employees, and accepting referrals from the local State Workforce Agency (SWA).