H-1B1
VS
H-2B
Type
Nonimmigrant visa
Nonimmigrant visa
Description
Free Trade Agreement Professionals
Temporary Non-Agricultural Workers
Profiles that typically qualify
Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors, Physical therapists, Agronomists, Management consultants
Landscapers, Hospitality workers, Construction workers, Technicians, Retail staff
Requirements
You must be a citizen of Chile or Singapore.
You must hold a 4-year bachelor's degree or equivalent work experience (three years of professional experience for each missing year of formal education).
The job must be a specialty occupation, requiring specialized knowledge typically obtained through a bachelor's degree or higher. This includes roles in fields like engineering, mathematics, and technology, where the complexity of the tasks necessitates advanced education.
The employer must pay at least the prevailing wage for the position — a rate set by the U.S. Department of Labor based on the occupation, work location, and level of experience. This wage is not flexible and must be met at a minimum.
Employers must demonstrate a temporary need, which is limited to up to three years for a one-time need or 10 months for seasonal, peak load, or intermittent needs.
Employers must provide evidence that there are no U.S. workers who are willing, qualified, and able to perform the temporary work.
Employers must certify that hiring H-2B workers will not negatively impact the wages and working conditions of similarly employed U.S. workers.
Pros
Easy renewal process with the option to extend stay.
Far less competitive than the H-1B visa, as it does not require an annual lottery.
Does not focus on individual credentials, making it accessible to a wide range of applicants.
Allows U.S. employers to address temporary labor shortages in non-agricultural sectors.
Flexible in meeting seasonal, peak load, and intermittent labor needs.
Cons
Requires employer sponsorship and a job offer in a specialty occupation.
Annual renewal adds administrative overhead.
Subject to semi-annual quotas and a rigid lottery-based application process.
Employers must undergo a rigorous certification process to prove the unavailability of U.S. workers.
Spouses and dependents do not receive work authorization.
Sponsorship
Required
Required
Validity period
18 months1
Duration of labor certification, up to 1 year, renewable for a total of up to 3 years
Renewable
Indefinitely
Renewable up to 3 years
Without premium processing
1-4 months
5-6 months
With premium processing
No
15 business days
Can spouse work
No
No
Disclaimers
1Visa issued for 18-month terms with admission to the U.S. in 12-month periods, renewable in 12-month increments.
-
Type
H-1B1
Nonimmigrant visa
H-2B
Nonimmigrant visa
Description
H-1B1
Free Trade Agreement Professionals
H-2B
Temporary Non-Agricultural Workers
Profiles that typically qualify
H-1B1
Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors, Physical therapists, Agronomists, Management consultants
H-2B
Landscapers, Hospitality workers, Construction workers, Technicians, Retail staff
Requirements
H-1B1
You must be a citizen of Chile or Singapore.
You must hold a 4-year bachelor's degree or equivalent work experience (three years of professional experience for each missing year of formal education).
The job must be a specialty occupation, requiring specialized knowledge typically obtained through a bachelor's degree or higher. This includes roles in fields like engineering, mathematics, and technology, where the complexity of the tasks necessitates advanced education.
The employer must pay at least the prevailing wage for the position — a rate set by the U.S. Department of Labor based on the occupation, work location, and level of experience. This wage is not flexible and must be met at a minimum.
H-2B
Employers must demonstrate a temporary need, which is limited to up to three years for a one-time need or 10 months for seasonal, peak load, or intermittent needs.
Employers must provide evidence that there are no U.S. workers who are willing, qualified, and able to perform the temporary work.
Employers must certify that hiring H-2B workers will not negatively impact the wages and working conditions of similarly employed U.S. workers.
Pros
H-1B1
Easy renewal process with the option to extend stay.
Far less competitive than the H-1B visa, as it does not require an annual lottery.
H-2B
Does not focus on individual credentials, making it accessible to a wide range of applicants.
Allows U.S. employers to address temporary labor shortages in non-agricultural sectors.
Flexible in meeting seasonal, peak load, and intermittent labor needs.
Cons
H-1B1
Requires employer sponsorship and a job offer in a specialty occupation.
Annual renewal adds administrative overhead.
H-2B
Subject to semi-annual quotas and a rigid lottery-based application process.
Employers must undergo a rigorous certification process to prove the unavailability of U.S. workers.
Spouses and dependents do not receive work authorization.
Sponsorship
H-1B1
Required
H-2B
Required
Validity period
H-1B1
18 months1
H-2B
Duration of labor certification, up to 1 year, renewable for a total of up to 3 years
Renewable
H-1B1
Indefinitely
H-2B
Renewable up to 3 years
Without premium processing
H-1B1
1-4 months
H-2B
5-6 months
With premium processing
H-1B1
No
H-2B
15 business days
Can spouse work
H-1B1
No
H-2B
No
Disclaimers
H-1B1
1Visa issued for 18-month terms with admission to the U.S. in 12-month periods, renewable in 12-month increments.
H-2B
-