ATTORNEY WITH GOFFWILSON, P.A.

With the NH unemployment rate under 3%, NH businesses are having difficulty finding skilled and unskilled laborers to join their workforce. Many positions remain unfilled and employers are having a hard time replacing the workers lost during the pandemic. Plus, with the tourism industry in full swing, employers across the state are also seeking seasonal workers to increase existing workforces.

The solution for some employers would be to consider the H-2B Temporary Worker Program. Whether it is a one-time occurrence, or a seasonal, peak load, or intermittent need, any employer can utilize the H-2B Program to supplement its existing workforce. Traditionally, restaurants, hotels and resorts, and landscape and construction companies have relied on the H-2B program year after year for the winter and summer seasons. However, the H-2B program can be used for any non-agricultural job.

There are 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 start dates between April 1st and September 30th. In order to secure an H-2B visa on behalf of a temporary worker, an employer must demonstrate that there are no able, willing, qualified, and available American workers to perform the job. The employer must also offer to pay the H-2B worker a prevailing wage set by the Department of Labor for the designated position.

The H-2B Program is unique in that an employer can sponsor multiple temporary workers via one application, so long as all of the workers will be performing the same job. This can be a cost-effective solution for employers needing to add tens or hundreds of laborers to its workforce.

If your company needs to supplement its workforce starting in April 2022, now is the time to begin the H-2B process, as the first application must be filed in January and preliminary steps must be taken as early as October. An immigration attorney experienced with the H-2B process can assist with navigating the immigration process.

For more information, please contact ATertin@goffwilson.com.

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