Although the New Hampshire unemployment rate has slightly increased since this time last year, many businesses are still suffering with labor gaps for unskilled positions. With the summer season already upon us, many New Hampshire businesses—especially those on the seacoast—will be experiencing an influx of tourists, and the demand for workers will be even greater. Looking beyond the hospitality industry, landscape and construction companies in the Granite State are also affected seasonally, experiencing a higher demand for workers in the non-winter months. The solution for all of these industries could be for business owners to look beyond our domestic workforce, and consider participating in the H-2B Temporary Worker Program.
The H-2B Program allows U.S. employers with a demonstratable need to bring foreign workers into the U.S. to fill temporary, nonagricultural jobs. Specifically, if the employer can demonstrate that its temporary need is based on one of the below categories, and there are not enough U.S. workers who are able, willing, qualified, and available to perform the temporary work, the employer can generally obtain H-2B visas for its sponsored workers. The H-2B Program is unique in that an employer can sponsor multiple temporary workers with one petition, so long as all of the workers will be performing the same job. This can be a cost-effective solution for employers that need to add a group of laborers to its workforce.
There are four categories of need in the H-2B context: one-time occurrence, seasonal need, peakload need, and intermittent need. A description of each is below:
- One-time occurrence:
- The employer has not previously employed workers to perform the services or labor, and will not need workers to perform this in the future; or
- The employer has an employment situation that is otherwise permanent, but a temporary event of short duration has created a need for temporary workers.
- Seasonal need:
- The employer has a need for services or labor that are traditionally tied to a season of the year by an event or pattern and are of a recurring nature.
- The employer’s need is not seasonal if the period is unpredictable, subject to change, or is considered a vacation period for the employer’s permanent employees.
- Peakload need:
- The employer regularly employs permanent workers to perform the services or labor at the place of employment;
- The employer has a need to temporarily supplement permanent staff at the place of employment due to a seasonal or short-term demand; and
- Temporary additions to staff will not become part of the employer’s regular operation.
- Intermittent need:
- The employer has not employed permanent or full-time workers to perform the services or labor; and
- The employer occasionally or intermittently needs temporary workers to perform services or labor for short periods.
No matter what type of specific need the U.S. employer qualifies for, the overall period of temporary need must be definable for a limited period of time. With the exception of a one-time occurrence (which can last up to three years), the H-2B petition will only be approved for up to nine months. The H-2B position must be full-time (i.e. at least 35 hours per week), and in a specific area of employment. In addition, the offered wage must meet or exceed the minimum prevailing wage for the position, which is set by the U.S. Department of Labor (DOL).
Once the need is established, and the employer verifies there are no available U.S. workers to perform the work, the DOL will issue a temporary labor certification. This can be used to submit an H-2B petition to the U.S. Citizenship and Immigration Services (USCIS). Timing can be critical in the H-2B context, as there are only 66,000 H-2B visas available each fiscal year, with 33,000 set aside for employment commencing between October 1st and March 31st, and another 33,000 for employment commencing between April 1st and September 30th. As the initial application for temporary employment certification must be submitted to the DOL 75 to 90 days ahead of the proposed start date, October 1st H-2Bs are filed at the beginning of July, and April 1st H-2Bs are filed at the beginning of January.
Due to the climate on the New Hampshire seacoast, the April 1st H-2Bs tend to be the most popular for the area. If your business is looking to supplement its workforce starting in April 2026, now is the time to begin the H-2B process. A knowledgeable immigration attorney can assist with navigating the H-2B process quickly and efficiently.