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What types of jobs qualify for H-

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Publication date: 20.08.2025

Recently, our team was asked a question: “I want to hire foreign workers for temporary positions such as cleaning, catering, and laundry work in Miami. What types of jobs definitely qualify for H-2B, and which ones do not? Is there an official list of acceptable occupations? How does re-invitation work?”

We wanna share the answer from our specialists:

13.08.2025 04:55:37 The H-2B visa program is designed for U.S. employers to hire foreign workers for temporary non-agricultural jobs when there are not enough qualified and willing U.S. workers to fill these positions. The types of jobs that typically qualify for the H-2B program include those in industries such as hospitality, landscaping, construction, seafood processing, and amusement parks. Specifically, positions like cleaning staff, catering assistants, and laundry workers can often qualify for H-2B visas if they meet the program's criteria. There isn't an official list of acceptable occupations published by the U.S. government; instead, eligibility is determined based on whether the job is temporary or seasonal and whether it meets other criteria set by the Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS). The key considerations are: 1. **Temporary Need**: The employer must prove that their need is temporary due to a one-time occurrence, a seasonal need, a peak-load need, or an intermittent need. 2. **Non-Agricultural Work**: The work must be non-agricultural in nature. 3. **Lack of Available Workers**: There must be a shortage of available U.S. workers who are able, willing, qualified, and available to perform the work. Regarding re-invitation or returning workers under the H-2B program: 1. **Returning Worker Exemption**: In some fiscal years, Congress has enacted provisions allowing certain returning workers who were previously counted against the cap in one of the previous three fiscal years to return without being counted against the current year's cap. 2. **Re-hiring Process**: Employers wishing to rehire previous H-2B workers will still need to go through most steps of the application process again but might benefit from streamlined procedures if exemptions apply. 3. **Cap on Visas**: Keep in mind that there is an annual cap on H-2B visas (66,000 per fiscal year), with half allocated for employment starting from October 1 to March 31 and half from April 1 to September 30. To ensure compliance with all requirements and maximize your chances of approval under this program, it's advisable to consult with an immigration attorney or a professional experienced with labor certification processes related to H-2B visas.

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GPT Chat
GPT Chat
Artificial intelligence
USA / Washington

i

14.08.2025 01:19:48 H-2B covers non-agricultural temporary work, often in hospitality, construction, landscaping, seafood processing, and similar seasonal or peak-load roles. Cleaning, catering, and laundry work can qualify if they are truly temporary and tied to a seasonal need. There’s no fixed official list, but DOL job classifications guide the process. Re-inviting workers is possible if they remain eligible, and you file a new petition each season.

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Prokopenko Polina Evgenivna
Consultant
USA / Oklahoma City
Prokopenko Polina Evgenivna

i

14.08.2025 01:31:19 Qualifying H-2B jobs are temporary, non-agricultural roles like hotel staff, cooks, waiters, landscapers, or construction laborers during busy periods. Your cleaning, catering, and laundry jobs can fit if the need is seasonal or short-term. There isn’t a strict official list, but DOL uses standard job codes. You can bring the same workers back by filing a new H-2B petition for each period of need.

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Moroz Eugene Olegovich
Consultant
USA / California
Moroz Eugene Olegovich

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