The H-2B Labor Certification program establishes a means for U.S. nonagricultural employers who anticipate a shortage of domestic workers, to bring temporary nonimmigrant foreign workers into the U.S. H-2B eligibility requires that the job and the U.S. employer's need for the foreign worker be of a temporary nature. The need must be for one year or less and can be either a one-time occurrence, seasonal, peak load or intermittent. Temporary employment should not be confused with part-time employment which does not qualify for temporary (or permanent) Labor Certification.
The H-2B Labor Certification application shall be valid for the period of employment indicated on the Form ETA-750A and B, Application for Alien Employment Certification. However, in no event shall the validity period exceed 364 days.