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Frequently asked questions

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What is the maximum period of stay for an H-2B worker, including extensions?

The maximum continuous period an individual can be in H-2B status is three years. Each extension is typically granted for a period of up to one year.

Is there a limit to how many extensions an H-2B worker can receive?

Yes. Extensions are granted in increments, and the total stay cannot exceed three years. Once the three-year maximum stay is reached, the worker must leave the U.S. for an uninterrupted period of three consecutive months before they can seek readmission as an H-2B worker.

What is the employer required to show to justify an extension?

The employer must show that their need for the worker's services is still temporary and has been properly certified by the Department of Labor (DOL). They must re-establish the need falls under a permissible temporary category: seasonal, peak-load, intermittent, or one-time occurrence.

Does the annual H-2B cap affect extension applications?

No, H-2B petitions filed to extend the stay of a current H-2B worker in the United States are not subject to the annual statutory cap of 66,000 visas

What are the main steps for filing an H-2B extension?

The H-2B extension process is similar to the initial petition and requires two main steps by the employer:

  1. Obtain a new Temporary Labor Certification (TLC) from the Department of Labor (DOL).

  2. File Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS), including the approved TLC

When must the extension petition be filed?

The employer must file the extension petition (Form I-129) and supporting documentation with USCIS before the worker's current authorized period of stay expires. It is highly recommended to file well in advance, as the process begins with the DOL labor certification.

Can the H-2B worker continue to work while the extension is pending?

Yes, a worker who is seeking an extension of stay with the same employer may generally continue working for up to 240 days past the expiration date on their Form I-94 or until USCIS issues a decision on the extension petition, whichever comes first, provided the employer filed the extension petition on time.

Can an H-2B worker switch employers when filing for an extension?

Yes, an H-2B worker can be sponsored by a new employer for a new period of authorized stay. This is known as a "change of employer" or "transfer." The new employer must go through the entire process (new TLC and new I-129 petition). A worker seeking a transfer may be able to begin work for the new employer upon the timely filing of the new H-2B petition with USCIS, but should consult specific USCIS guidance on "H-2 portability."