H-2B visas: Temporary work visas for the USA without a university degree

Temporary employment without an academic degree

The H-2B visa is a special visa category for foreign employees who wish to work in a US company for a limited period of time. It is primarily aimed at people who do not need to have an academic education, as unlike the H-1B visa, no university degree is required. However, the visas are not issued indefinitely – rather, thenumber is limited each year. The US Congress has set an upper limit of 66,000 H-2B visas per fiscal year , which means that only a certain number of applicants can be admitted.

Temporary employment required

A decisive difference to other visa categories also lies in the type of employment. The H-2B visa can only be issued if the job for which a foreign worker is intended is clearly temporary. This applies, for example, to project-related work or to jobs that are only available on a seasonal basis – for example, in tourism businesses, at major agricultural events or to cover temporary peaks in demand during the vacation season or for large orders in industry. Recurring but not permanent activities can also form the basis for such a visa. The decisive factor is always that no permanent employment is sought.

Access only for nationals of certain countries

Not everyone can apply for an H-2B visa. Since 2012, this category has only been available to nationals of certain countries. Germany was not initially on this list, while other EU countries such as Austria, Switzerland, Spain and the Netherlands had early access. Germany has since been included, meaning that German nationals are also entitled to apply for an H-2B visa.

Current status of approved countries

The list of approved countries is updated regularly and currently includes the following countries:

Andorra, Argentina, Australia, Barbados, Belgium, Brazil, Brunei, Bulgaria, Chile, Costa Rica, Denmark, GermanyDominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland, France, Grenada, Greece, Guatemala, Haiti, Honduras, Ireland, Iceland, Israel, Italy, Jamaica, Japan, Canada, Kiribati, Colombia, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malta, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Mozambique, Nauru, New Zealand, Nicaragua, Netherlands, North Macedonia, Norway, AustriaEast Timor, Panama, Papua New Guinea, Peru, Philippines, Poland, Portugal, Romania, Solomon Islands, Samoa, San Marino, St. Lucia, Sweden, Switzerland, Serbia, Singapore, Slovakia, Slovenia, Spain, Saint Vincent and the Grenadines, South Africa, South Korea, Taiwan, Thailand, Tonga, Czech Republic, Turkey, Tuvalu, Ukraine, Hungary, Uruguay, Vanuatu, United Kingdom, Cyprus (as of 04.08.2022, here you will find a list of the countries). aktuelle Liste).

Requirements for applicants and activities

An academic degree is not required for the H-2B visa. Nevertheless, if the intended job requires special knowledge or skills, the applicant must provide corresponding proof. However, if the job does not have any special technical requirements – such as for simple unskilled labor – this proof is not required.

In any case, it is important that the applicant does not intend to immigrate . The H-2B visa is not a so-called „dual-intent“ visa, such as the H-1B, but requires that residence is maintained outside the USA.

Role and obligations of the US employer

Before an applicant can apply for an H-2B visa at the US consulate, the US employer must submit a petition to the US immigration authorities. However, this requires that a Temporary Labor Certification has been applied for and granted by the U.S. Department of Labor. This step can be taken at the earliest 120 days before the planned start of work .

As part of this application process, the employer is obliged to publicly advertise the vacant position. Interested parties who basically meet the requirements of the position must be invited to interviews. Only when it can be proven that no suitable US employee is available for the position will the Temporary Labor Certification be issued.

Be careful with foreign language requirements

Some employers try to increase their chances of obtaining a permit by imposing special requirements such as foreign language skills, as this reduces the number of potential US applicants. However, the U.S. Department of Labor is aware of this practice. Therefore, such requirements must be precisely justified and proven – in particular, the extent to which language skills are actually indispensable for the specific job.

Duration, extension and family reunification

The H-2B visa is initially issued for a maximum of one year. It can be extended under certain conditions, but the total length of stay may not exceed three years . After this period has expired, it is usually necessary to leave the country before a new application can be submitted.

Accompaniment by spouse and children

Spouses and unmarried children under the age of 21 can also travel to the USA. In this case, they will receive an H-4 visa. However, they are not permitted to work in the USA – even if they stay there for the entire duration of their stay.

Not an option for a green card

Unlike the H-1B visa, the H-2B does not allow the holder to pursue a permanent immigration intention. It is clearly a temporary visa that only entitles the holder to temporary employment. An application for a green card is therefore not provided for under the H-2B status and would violate the conditions of the visa.

Our advice on the H-2B visa

If you wish to work in the USA for a limited period of time, the H-2B visa may be an interesting option – especially if you do not have academic qualifications or are seeking seasonal employment.
We will provide you with comprehensive advice on whether you meet the requirements for such a visa. We will also be happy to check whether an alternative visa category might be better suited to your profile. Get in touch with us – by phone or email – to arrange a personal consultation with a visa expert.