What are the limitations of H2B visa?
• The most important limitation on the H2B is that the employer must demonstrate that the need for foreign workers is temporary, or specifically seasonal, one-time, peak-load, or intermittent. • Additionally, there is an cap on the number of foreign nationals that may obtain H2B status. Currently, the cap changes periodically and currently stands at 66,000. However, workers that are extending their H2B status or have held H2B status within the last 3 years are exempt from the cap through the H2R. • Finally, the nature of the job must be non-agricultural. For agricultural jobs, the H2A visa may be utilized for which there is no annual cap.
