H-2B Visa for Canadians: How to Apply With an Immigration Lawyer
Canadian workers seeking temporary non-agricultural work in the US may be eligible for the H-2B visa.
Our immigration lawyers can assess your eligibility, prepare and review your H-2B application. Call +1 844 312 4979 for H-2B visa advice and application support.
What is an H-2B visa?
The H-2B classification allows U.S. employers to hire foreign workers for temporary, non-agricultural jobs when they have a qualifying temporary need for workers. H-2B jobs can include seasonal, peak-load, intermittent or one-time employment in industries such as hospitality, landscaping, construction, forestry and recreation.
For Canadian citizens, the process is employer-led. A U.S. employer or qualifying agent must complete the required temporary labour certification process and file Form I-129 with U.S. Citizenship and Immigration Services (USCIS) before the worker can take up the H-2B position.
Canadian citizens generally do not need an H-2B visa stamp to enter the United States as temporary workers. However, they still need an approved H-2B petition and must meet U.S. admission requirements before they can begin authorised employment. H-2B is a temporary work classification and does not provide permanent residence in the United States.
If you need assistance with the H-2B Visa, feel free to call us on +1 844 290 6312, or you can request a call back through our live chat feature.
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Who can qualify as a Canadian worker?
You may qualify for H-2B employment if a U.S. employer offers you a qualifying temporary, full-time non-agricultural position and completes the required H-2B sponsorship process. Your eligibility will also depend on the requirements of the specific job and your ability to meet U.S. immigration and admission requirements.
Your other requirements are as follows:
- You must have an official offer of employment letter from the US-based company
- You must meet the minimum qualifications, skills, and experience required for the nature of the job
- You are able to demonstrate that you will be returning to Canada before your H-2B Visa expires
- Your employer has filed Form I-129 with U.S. Citizenship and Immigration Services (USCIS).
How to prove your job is temporary
Your U.S. employer must establish that the job opportunity is temporary and meets the H-2B program requirements. The employer must also complete the required recruitment process to show that there are not enough qualified and available U.S. workers for the position and that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Other documents required may include the following:
One-time occurrence
- The job is a one-off and won’t be repeated
- The company have not previously employed workers to perform the job
- The company will not require workers to handle the job in the future
Seasonal employment
- The job is traditionally connected to a particular season of the year, either as a pattern or recurring events
- They are not claiming a seasonal need for a time that is unpredictable or subject to change
- They are not for claiming a seasonal need for vacation time for the regular full-time employees
Peak load need
- They have permanent employees in place regularly, and cannot meet demand due to a busier season
- They need to temporarily hire foreigners to supplement the permanent staff due to seasonal or short-term demand during a busier season
- The temporary employment will not become a regular and recurring role for the visa holder
Intermittent need
- They need temporary workers occasionally to achieve the job
- They have not employed permanent employees to handle the job
What kind of jobs can you do with an H-2B Visa?
H-2B covers temporary non-agricultural employment; temporary agricultural employment is generally covered by the H-2A program. If you are hoping to get work within this industry, you will need to apply for an H-2A Visa instead.
Some of the suitable jobs for an H-2B visa include (but are not limited to) some of the following:
- Amusement and recreation attendants
- Bartenders
- Cleaners
- Coaches and scouts
- Construction labourers
- Cooks
- Food preparation workers
- Forest and conservation workers
- Housekeeping cleaners
- Landscaping workers
- Packagers
- Production workers
- Waiters and waitresses
How many H-2B Visas are issued?
The USCIS has a statutory limit on the amount of H-2B Visas that can be issued every fiscal year. In the first half of the fiscal year, October to March, they issue 33,000 of these visas to successful applicants. In the second half, April to September, another 33,00 visas are granted, totaling 66,000 for the year.
The US government can increase this limit at their discretion. For example, in 2021, the US Department of Homeland Security alongside the Department of Labor temporarily increased the number of successful applications to 88,000 on a ‘needs-must’ basis. If, however, the USCIS does not issue the capped amount of 66,000, the numbers do not carry over to the next fiscal year.
Once the 66,000 applications have been assigned, the USCIS will reject and return any more applications received for the H-2B Visa for that year. There are some applicants however that would be exempt from the cap, and these include workers in the following fields:
- Fish roe processors
- Fish roe technicians
- Supervisors of fish roe processing
- Those that perform services in the Northern Mariana Islands or Guam, dating from November 28th, 2009 – December 31st, 2029
How to apply for the H-2B Visa
Step One:
The first step in the process of obtaining an H-2B Visa is for your US employer or agent (known as the petitioner) to apply for a temporary labor certification from the US Department of Labor (DOL). This step must be completed before the petitioner requests H-2B classification from USCIS.
An employer must register no more than 120 calendar days before the contract can begin with the temporary employee. During this time, they must also obtain a Prevailing Wage Determination (PWD), and file a job order and H-2B application to the Chicago National Processing Center.
Step Two:
Once the petitioner has received a valid temporary labor certification, they can now file Form I-129 with the USCIS. They may be required to send the original version of the temporary labor certification alongside Form I-129.
If the petitioner intends on employing more than one temporary non-agricultural worker for the same service, they can do so in the one petition, on the grounds that the number of H-2B workers does not exceed the number of positions available in the temporary labor certification.
Step Three:
Once the USCIS has approved the employer’s petition, you (as the employee) can now apply for an H-2B Visa with the US Department of State (DOS).
With an H-2B Visa, you can seek admission into the country with US Customs and Border Protection at any US airport, or port of entry.
What documents do you need for an H-2B Visa?
When the petitioner is ready to submit form I-129 alongside the original version of the temporary labor certification, there will be a list of other documents to include, such as the following:
A cover letter on the company’s official letterhead describing the following:
- The nature of the business
- Locations and mailing addresses that the employer uses
- An explanation as to why the employer needs temporary workers
- The qualifications of the proposed temporary staff
Documentation that proves why the job is temporary and:
- Proof that there are not enough qualified US citizens who are willing or able to work this particular role
- Proof that they will suffer irreparable harm (either economically or financially) if they do not hire any foreign workers
- Proof that they are abiding by all health and safety laws, and labor employment laws
The petitioner is required to make copies of all submitted forms and documents. Once approved by the USCIS, they will be given a notice of approval (Form I-797). A copy of Form I-797 must be included with your H-2B Visa application, alongside other documents such as:
- A completed online non-immigrant visa application (Form DS-160)
- A completed Form DS-157 if the applicant is a male between aged 16-45
- A valid passport
- A passport photograph
- Significant proof that you will be returning to Canada when your H-2B Visa expires
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Related pages for your continued reading.
Frequently Asked Questions
Eligible dependents that can join you in the US under an H-2B Visa are unmarried children under the age of 21, your spouse, or your civil partner. These dependents will need to complete an H4 Visa application.
An H4 Visa grants entry for your dependents into the US, so long as they are authorized. However, they are not able to work or apply for a work visa when they are under an H4 Visa. They can apply for this during the same time as you apply for your H-2B Visa.
Regardless of the type of visa you select for your circumstances, the best step is to get in touch with the team at Total Law, so you know that you are guaranteed the right path, and stand for a much higher success rate for your immigration application. You can contact us seven days a week, either on the phone or by using the online chat function to speak with one of our client care agents.
The employer must start the petition at least 60 days in advance of employment commencing, but no more than 120 days in advance. They can request premium processing at a further cost to them by filling out Form I-907.
Once you have applied for the H2B Visa as an employee, it can take between 60-120 days to be processed.
The employer will be required to pay a base petition fee of $1,015 ($510 for small employers and nonprofits) when submitting Form I-129. Depending on the organization, there may be other fees applicable. To request premium processing, the employer will pay a fee of$2,805.
As the applicant, you will pay $205.00 as the visa application fee.
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