Employers who wish to hire and employ temporary nonagricultural foreign labor must establish that: 1) there are not sufficient U.S. workers available who are capable of performing the services needed in the area of intended employment; y 2) the employment of the foreign workers will not adversely affect the wages and working conditions of U.S. workers similarly employed.
At the heart of the H-2B visa classification is the concept of temporary need. In order to qualify for the H‑ 2B classification an employer must demonstrate that its need for services or labor is temporary, whether or not the underlying job can be described as permanent or temporary. The current definition of temporary, as established by DHS and adopted by DOL, requires that an employer justify its temporary need through one of the following four (4) regulatory standards, 1. One-Time Occurrence, 2. Seasonal, 3. Peakload, or 4. Intermittent.
Absent unusual circumstances, an Application for Temporary Employment Certification where the employer has a recurring seasonal or peakload need lasting more than 10 months will be denied.
In FY 2015, the top positions (by number of labor certification applications filed, not by number of temporary workers requested) included the following thirty occupations: