How long can a nonimmigrant remain in the U.S. on an H-2B visa?
The length of the stay on an H-2B visa is limited by the duration of the employer’s temporary need for additional workers. The maximum authorized period of stay is one year, and the visa may be extended for a total of three years. However, extension applications are closely scrutinized as this is a visa category based upon temporary or seasonal need. One of the most significant restrictions on the H-2B category is the requirement that the need for the foreign worker is temporary. The DOL recognizes four situations in which there is a temporary need for workers: 1. Recurring seasonal need 2. Intermittent need 3. Peak-load need 4. Need based on a one-time occurrence Not only must the employer promise to employ the worker for a limited period of time, but the employer must verify that its need for the worker is temporary. There is no set rule for how long a season can be, but most DOL offices will consider seasons of more than nine or ten months a year to actually be continuous employment
