The H-2B visa is a temporary, non-immigrant work visa authorized by the the U.S. Department of Homeland Security that allows workers to legally work at a U.S. company in accordance with the Immigration and Nationality Act (INA). The H-2B visa category allows U.S. employers in industries with peak load, seasonal, intermittent or one-time needs to use temporary workers along with their existing workforce. Construction meets the criteria for this type of visa.
The U.S. Department will approve the H-2B visa application if it determines that the employer's need for workers is temporary and in accordance with 8 CFR Section 214.2 (h)(6). As of FY 2010, an H-2B petition may not be filed more than 120 days before the date of the actual need for the H-2B worker's labor/services identified on the labor certification. As a result, USCIS normally begins receiving H-2B petitions with employment start dates in October and June. 66,000 visas are available annually.
U.S. Department of Labor's H2-B Visa Compliance Guide
In January 2011, the U.S. Department of Labor (DOL) rescinded the existing methodology for establishing wage rates for H-2B temporary workers, and replaced it with a system emphasizing Davis-Bacon Act wage determinations. ABC strongly objected to DOL’s harmful policy change; legal challenges and other efforts to stop DOL’s harmful policy change are currently underway.
On Dec. 23rd President Obama signed the Consolidated Appropriations Act (HR 2055) into law. This bill would prohibit the implementation of a rule revising wage calculation methodology for H-2B workers for the remainder of fiscal year, which runs through Sept. 30, 2012. The language blocking the wage rule is part of an approximately $1 trillion omnibus spending package which includes funding for the Department of Labor and other federal agencies.