How long can a nonimmigrant remain in the US on an H-2B visa?
The length of the stay on an H-2B visa is limited by the duration of the employers 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. One of the most significant restrictions on the H-2B category is the requirement that the need for the foreign worker is temporary. The Department of Labor recognizes four situations in which there is a temporary need for workers: recurring seasonal need, intermittent need, peak-load need, and 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 Labor Department offices will consider seasons of more than nine or ten months a year to actually be continuous employment and not seasonal employment. Who is elig
