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1. The H-2B program provides for the temporary admission of foreign workers to the United States to perform temporary non-agricultural work, if unemployed U.S. workers cannot be found.
2. An approved H-2B visa petition is valid for an initial period of up to one year. An alien’s total period of stay as an H-2B worker may not exceed three consecutive years.
3. Prospective H-2B employers must first apply to DOL for a certification that U.S. workers capable of performing the work are not available and that the employment of alien workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. H-2B employersmust pay their workers at least the prevailing wage rate.
4. According to DOL data on H-2B labor certifications, the top five H-2B occupations in FY2004, in terms of the number of workers certified, were: (1) landscape laborer, (2) forestry worker, (3) maids and housekeeping cleaners, (4) construction worker, and (5) stable attendant.
5. H-2B visa is subject to a statutory numerical limit. Under the INA, the total number of aliens who may be issued H-2B visas or otherwise provided H-2B status during a fiscal year may not exceed 66,000.