H-2B Visa Program Overview

The H-2B visa program allows U.S. businesses to lawfully employ foreign workers, on a temporary basis (up to 9 months), predicated primarily upon seasonal and peak load needs of the employer’s business for specific jobs/positions, so long as U.S. workers are unavailable for the position and the employment of H-2B workers will not adversely affect the wages or working conditions of U.S. workers similarly employed. Generally, to sponsor a foreign worker for an H-2B visa, petitioning employers must demonstrate the following: (1) a business cycle reflecting seasonality or a temporary period of need for workers in a specific occupation and at a specific location; (2) promise to pay the prevailing wage (as set by OFLC) and to offer the same conditions of employment to both H-2B workers and corresponding similarly employed U.S. workers; (3) create no adverse working conditions to U.S. workers; and (4) proof that U.S. workers are not able, willing, or available for all open positions.

What is the process?

The H-2B visa application process involves three-stages, which normally takes almost 6 months of total government processing time. Stage I (Temporary Labor Certification) involves the Dept of Labor’s OFLC which assigns the prevailing wage and directs the employer to engage in recruitment to identify available U.S. workers. This stage will take 90-120 days. Stage II involves petitioning USCIS for H-2B visa status for each of your employees. Whether they are outside the U.S. patiently waiting for approval or inside the U.S. already in H-2B status for another employer, USCIS adjudicates I-129 petitions and determines each employer and worker’s eligibility. This process takes approximately 3-5 weeks. If needed, Stage III requires foreign employees waiting outside the U.S. to prove to the U.S. Embassy/Consulate located in their home country that they are eligible for issuance of an H-2B visa to enter the U.S. During the course of a Consular interview, the worker must demonstrate that: they do not have past immigration violations or criminal records; they have no intent to stay in the U.S. permanently; and they establish that they fully intend to return to their home country at the expiration of their visa.

Although the number of federal agencies and offices involved, the multiple stages required, and the prolonged processing times seem daunting – it is truly one of the few US visa programs that work! Like all federal programs, the first year is the most difficult. But once you have hired seasonal H-2B workers, each year your network of workers will increase, the logistics to transport, house and employ them will become easier. After the initial filing year, 5% quit never to participate again, but our office has seen most H-2B employers grow their participation in the program for years. The H-2B process is not a complete solution to your seasonal workforce needs, it is intended to supplement your current US workforce in a lawful manner with experienced and trained hospitality and leisure industry workers.

How can I learn more?

Join Vail Valley Partnership & the Summit County Chamber of Commerce for an information session with Lee & Novi discussing the H-2B Non-agricultural Temporary Seasonal Workers visa program.

• When: Thursday, February 12, 2026 from 3:00 PM - 5:00 PM.
• Where: Attend in person in Frisco, Colorado or by attending virtually.
• RSVP at https://members.vailvalleypartnership.com/vvpcalendar/Details/h-2b-visa-info-session-1602542?sourceTypeId=Website