Important Considerations About the US H2B (Non-Farm Worker) Visa

The US H2B, also known as a non-agricultural worker visa, is a type of visa that allows foreign nationals to work temporarily in a non-agricultural sector in the United States. With the H-2B visa program, US employers who meet certain requirements can hire foreign nationals to fill temporary non-agricultural job positions.

If you want to get an H2B visa, you must first sign a contract with an employer in the United States and your visa procedures must be initiated in the United States under the sponsorship of the employer. Basic information about the American H2B visa and the points you should pay attention to during the application process are shared under the following headings.

What are the Criteria for a US Non-Farm Worker Visa?

The criteria that employers who will employ foreign workers temporarily in a non-agricultural sector in the United States must meet are listed below.

  • The employer must prove that they were looking for U.S. employees for the job but that they were not qualified.
  • They must prove that the wages and working conditions of U.S. employees will not be adversely affected by the hiring of foreign workers.
  • It must demonstrate that foreign workers will fill temporary positions.

The qualifications you must meet as an employee to obtain a temporary non-agricultural worker visa for the United States are listed below.

  • You must have a job offer from a US employer.
  • You must prove your intention to return to your country of origin when your visa expires.
  • You must qualify for an H-2B visa by proving that you are a skilled worker in the job position offered.

How to Get a USA H2B Visa?

To obtain a US H-2B non-agricultural work visa, you must complete the steps below in order with your employer.

  • The employer obtains a certificate of employment of foreign workers from the U.S. Department of Labor.
  • The employer applies to USCIS and receives approval of Form I-129.
  • You fill out the online application form.
  • You pay the visa application fee and make an appointment at the American Consulate.
  • You prepare the necessary documents for the US H2B visa.
  • On the appointment day, you complete the application by taking fingerprints and doing a visa interview.

Applying for Foreign Worker to the US Department of Labor

Employers who want to employ foreign workers in the United States must apply to the Department of Labor (DOL) and obtain a Labor Condition Application (LCA).

The employer who applies for the LCA certificate guarantees that he/she meets the requirements defined by the US Department of Labor and that he/she will provide the foreign employee with equal wages and working conditions as other employees. After the employer receives the labor certificate from the Ministry, he/she can continue the process by applying to the US Citizenship and Immigration Services (USCIS).

Applying to USCIS for Form I-129

Employers who have obtained an LCA certificate from the U.S. Department of Labor must submit a petition for a nonimmigrant work visa (Form I-129) to the authorized USCIS office in the state where the business is registered.

In this process, called the “nonimmigrant worker petition,” the employer fills out the I-129 form and applies to USCIS with documents showing that they meet the requirements for temporary employment of foreign workers in a non-agricultural sector. The employer, whose application to USCIS is approved, must send the original US I-129 form to the employee who will apply for a visa.

US Temporary Work Visa Application Form

After the employer in the US has approved the I-129 form for the H2B visa, the steps to be completed in Turkey for the visa application must be followed. To do this, you must first fill out the DS-160 online visa application form via ceac.state.gov and print out the barcoded form approval page.

For the US non-agricultural temporary worker visa, mark the “Temporary Worker- H” and “Nonagricultural Worker- H2B” visa types in the travel information section of the DS-160 form, respectively. In the “Application Receipt/Petition Number” field, enter the 13-digit application number on the I-129 form.

On the following pages of the DS-160 form, provide complete information such as dates of work in the United States, accommodation information, and how travel expenses will be covered. In the final stage of the DS-160 online form filling process, upload your digital biometric photo to the system.

Documents Required for USA H-2B Visa

The basic documents you need to declare for the US H2B visa application are listed below.

  • Current and undamaged passport
  • Old passport and US visa if available
  • US I-129 form (original)
  • Visa application form (DS-160) approval printout
  • Supporting documents for H2B visa*
  • 1 current biometric photo
  • Turkish ID card
  • Appointment confirmation email printout

* For US H-2B visa applications, you are requested to submit additional documents to prove that you will return to Turkey at the end of your visa period, your financial situation and professional qualifications. You can access the comprehensive and explanatory list of documents by selecting temporary work visa and H2B from the US visa application documents page.

US visa application documents => related article

America H2B Visa Fee Payment and Appointment

As of 2024, the U.S. nonfarm temporary worker (H2B) visa application fee is $225, which you must pay before making your visa appointment at usvisa-info.com.

After completing the fee payment process, you need to make an online appointment at the US Embassy in Ankara or the Consulate General in Istanbul with the receipt number written on your I-129 form. As of July 2024, the appointment waiting period for US H2B visa applications is an average of 50 days at the Embassy in Ankara and 180 days at the Consulate General in Istanbul.

US Consulate H2B Visa Interview

For US H2B visa applications made from Turkey, it is mandatory to attend an interview with a Consulate officer. You must personally go to the US Consulate where you made an appointment, provide digital fingerprints, and present the prepared visa application documents for a visa interview with a consulate officer. At the end of the interview, where questions are asked to understand whether the visa requirements are met, you will be informed whether your application is approved or not.

If your H2B visa application is approved, you can track your passport at https://ceac.state.gov. The time it takes to receive your passport varies depending on the workload of the US foreign mission where you applied for your visa.

How Long Does It Take to Grant a US H2B Non-Farm Work Visa?

The US H2B non-agricultural work visa is generally issued by the USCIS for the period permitted by the temporary work certificate. The H-2B visa can be extended in increments of up to 1 year for skilled employment. The maximum stay on the H-2B visa is 3 years.

After holding H-2B nonimmigrant status for a total of 3 years, you must leave the United States and remain outside the United States for 3 continuous months before being readmitted as an H-2B nonimmigrant.

Frequently Asked Questions

The most frequently asked questions to our consultants about US H-2B visa applications are answered below.

What is the Annual US H2B Visa Quota?

There is a legal numerical limit on the total number of non-citizens who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year.

Congress has set a quota of 66,000 H-2B visas per fiscal year, with 33,000 for workers starting in the first half of the fiscal year (October 1 – March 31) and 33,000 for workers starting in the second half of the fiscal year (April 1 – September 30) .

What Jobs Can I Get a Non-Farm Work Visa for in the US?

H-2B visa jobs are designed for specific industries that experience fluctuations in demand and need additional temporary workers. The industries in which you can obtain a US non-farm work visa are listed below.

  • Accomodation
  • Cruise ships
  • Resorts and theme parks
  • Building
  • Ski resorts
  • Golf Courses
  • Maintenance and cleaning
  • Landscape
  • Water parks
  • Warehouses
  • Restaurants and bars
  • Retail stores
  • Sports and athletics

Can My Family Come to America with Me?

Yes, your family can come to the United States with you if you have a non-agricultural worker visa.

Your spouse and children under the age of 21 are eligible to accompany you to the United States with a US worker family visa, known as an H4 visa.

For What Reasons Might My H2B Visa Application Be Rejected?

Your H2B visa application may be rejected due to the following reasons.

  • If there are enough US workers for the job position
  • If the employer has affected the wages and working conditions of U.S. employees
  • If the employer does not file the documents within the required time period
  • The employer has not made sufficient recruiting efforts to hire U.S. workers
  • If the employer has previously violated H-2B terms and conditions

If your H2B visa application is rejected, you do not have the right to appeal, but you can re-apply after eliminating the reasons for the US visa rejection .