H-2B
VS
O-1B
Type
Nonimmigrant visa
Nonimmigrant visa
Description
Temporary Non-Agricultural Workers
Extraordinary Ability in the Arts or Extraordinary Achievement in Motion Picture or Television Industry
Profiles that typically qualify
Landscapers, Hospitality workers, Construction workers, Technicians, Retail staff
Artists, Actors, Directors, Musicians, Painters, Photographers, Dancers, Writers, Chefs, Designers
Requirements
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.
Demonstrate sustained extraordinary achievement in your field with at least 3 of 6 types of required evidence, such as receiving prestigious awards, earning higher remuneration compared to others in your field, or holding lead or starring roles in notable productions.
Continue working in your area of extraordinary ability in the U.S.
Pros
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.
Flexible sponsorship options, including sponsorship by an agent—an individual or entity designated to act on your behalf—instead of a single payroll employer. This allows you to work for multiple employers and change employers easily.
A good option for new or small employers.
Typically has a lower threshold than the O-1A visa.
An excellent step toward building an EB-1A extraordinary ability green card.
Cons
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.
Requires a higher level of individual experience and credentials in your field compared to other visa categories.
Employment is limited to the specific area of extraordinary ability or achievement.
Sponsorship
Required
Required
Validity period
Duration of labor certification, up to 1 year, renewable for a total of up to 3 years
3 years
Renewable
Renewable up to 3 years
Indefinitely, in 1-year increments
Without premium processing
5-6 months
2-4 months
With premium processing
15 business days
15 business days
Can spouse work
No
No
Disclaimers
-
-
Type
H-2B
Nonimmigrant visa
O-1B
Nonimmigrant visa
Description
H-2B
Temporary Non-Agricultural Workers
O-1B
Extraordinary Ability in the Arts or Extraordinary Achievement in Motion Picture or Television Industry
Profiles that typically qualify
H-2B
Landscapers, Hospitality workers, Construction workers, Technicians, Retail staff
O-1B
Artists, Actors, Directors, Musicians, Painters, Photographers, Dancers, Writers, Chefs, Designers
Requirements
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.
O-1B
Demonstrate sustained extraordinary achievement in your field with at least 3 of 6 types of required evidence, such as receiving prestigious awards, earning higher remuneration compared to others in your field, or holding lead or starring roles in notable productions.
Continue working in your area of extraordinary ability in the U.S.
Pros
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.
O-1B
Flexible sponsorship options, including sponsorship by an agent—an individual or entity designated to act on your behalf—instead of a single payroll employer. This allows you to work for multiple employers and change employers easily.
A good option for new or small employers.
Typically has a lower threshold than the O-1A visa.
An excellent step toward building an EB-1A extraordinary ability green card.
Cons
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.
O-1B
Requires a higher level of individual experience and credentials in your field compared to other visa categories.
Employment is limited to the specific area of extraordinary ability or achievement.
Sponsorship
H-2B
Required
O-1B
Required
Validity period
H-2B
Duration of labor certification, up to 1 year, renewable for a total of up to 3 years
O-1B
3 years
Renewable
H-2B
Renewable up to 3 years
O-1B
Indefinitely, in 1-year increments
Without premium processing
H-2B
5-6 months
O-1B
2-4 months
With premium processing
H-2B
15 business days
O-1B
15 business days
Can spouse work
H-2B
No
O-1B
No
Disclaimers
H-2B
-
O-1B
-