H-2B Seasonal Worker Visa in Oxnard: Temporary Work Authorization Guide
Non-agricultural seasonal work visas for Ventura County employers and workers
Quick Answer
For employers in Oxnard and Ventura County with seasonal labor needs, and workers seeking temporary employment opportunities, the H-2B visa program offers a legal pathway for non-agricultural seasonal work. SoCal Immigration Services provides guidance for both employers and workers.
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General information only. Not legal advice.
For employers in Oxnard and Ventura County with seasonal labor needs, and workers seeking temporary employment opportunities, the H-2B visa program offers a legal pathway for non-agricultural seasonal work. SoCal Immigration Services provides guidance for both employers and workers.
What is the H-2B Visa?
• Hospitality (hotels, resorts)
• Landscaping and grounds maintenance
• Seafood processing
• Construction
• Carnival and fair workers
• Golf course maintenance
• Ski resorts
• Amusement parks
H-2B Visa Requirements
- •Job must be temporary (seasonal, peak load, one-time, or intermittent)
- •Employer must demonstrate temporary need with specific end date
- •Must prove no qualified U.S. workers available for the job
- •Must pay prevailing wage for the occupation and location
- •Worker must maintain residence abroad with no intention to abandon
- •Worker must come from eligible H-2B country (list updated annually)
Types of Temporary Need
| Type | Description | Example |
|---|---|---|
| Seasonal | Tied to specific season/time of year | Summer beach resort staff |
| Peak Load | Need for additional workers during busy period | Holiday season retail |
| One-Time | Unique event requiring temporary workers | Special construction project |
| Intermittent | Occasional/irregular need | Periodic equipment maintenance |
H-2B Application Process for Employers
- •Step 1: Obtain prevailing wage determination from DOL
- •Step 2: Submit temporary labor certification application (ETA-9142B)
- •Step 3: Recruit U.S. workers as required by DOL
- •Step 4: If certified, file Form I-129 petition with USCIS
- •Step 5: Workers apply for H-2B visa at US consulate abroad
- •Step 6: Workers enter US and begin authorized employment
The H-2B Cap and Lottery
• 33,000 for workers starting October 1 - March 31
• 33,000 for workers starting April 1 - September 30
When applications exceed the cap (which happens frequently), USCIS conducts a lottery. Returning workers may be cap-exempt in some years when Congress authorizes supplemental visas.
Prevailing Wage Requirements
• The job location (Oxnard/Ventura County wage rates)
• The specific occupation (landscaper vs. hotel staff)
• The skill level required
You cannot pay H-2B workers less than the prevailing wage or less than other workers performing the same job. Wage violations result in program debarment.
Worker Obligations
- •Work only for the petitioning employer
- •Work only in the approved job position
- •Maintain valid passport
- •Depart the US when authorized stay ends
- •Not bring family members (unless they qualify for H-4)
- •Cannot change jobs without new petition
- •Report any issues with employment conditions
H-2B Visa Duration
| Aspect | Duration | Notes |
|---|---|---|
| Initial Stay | Up to 1 year | Based on certified employment period |
| Extensions | 1-year increments | Same employer, continued need |
| Maximum Stay | 3 years total | Must leave US for 3 months after |
| Re-entry After 3 Years | After 3-month break abroad | Can petition again |
H-2B vs. Other Work Visas
| Feature | H-2B | H-2A | H-1B |
|---|---|---|---|
| Industry | Non-agricultural | Agricultural | Specialty occupations |
| Annual Cap | 66,000 | No cap | 85,000 |
| Education Required | No degree needed | No degree needed | Bachelor's minimum |
| Duration | Up to 3 years | Up to 3 years | Up to 6 years |
| Family | H-4 (no work) | H-4 (no work) | H-4 (possible EAD) |
Common H-2B Violations to Avoid
- •Working before visa approval or after expiration
- •Working for unauthorized employer
- •Performing duties not listed in the petition
- •Employer failing to pay prevailing wage
- •Employer charging workers for recruitment costs
- •Working more hours than authorized
- •Worker abandoning employment
- •Overstaying after employment ends
Oxnard H-2B Services
- •Prevailing wage determination guidance
- •Temporary labor certification applications
- •I-129 petition preparation
- •Recruitment documentation
- •Worker eligibility verification
- •Arabic to English translation services
- •Extension requests
- •Change of employer petitions
FAQFrequently Asked Questions
Q:Can H-2B workers become permanent residents?
A: H-2B is strictly temporary and doesn't directly lead to a green card. However, if you qualify through another route (family, employment), you can pursue permanent residence separately.
Q:Can my family come with me on H-2B?
A: Your spouse and unmarried children under 21 can apply for H-4 dependent visas, but H-4 dependents cannot work in the US. They can study, however.
Q:What happens if I'm fired from my H-2B job?
A: If employment ends early, your H-2B status ends. You should depart the US or attempt to find another employer willing to file a new H-2B petition.
Q:Can I change H-2B employers?
A: Yes, but the new employer must file a new I-129 petition. You cannot begin working for the new employer until the petition is approved.
Q:How early should employers apply for H-2B?
A: Start at least 4-6 months before you need workers. The process involves DOL certification, USCIS petition, and consular processing - each step takes weeks.
Q:What if the H-2B cap is reached?
A: If the cap is reached before your petition is processed, you'll need to wait for the next fiscal year allocation, unless you qualify for a cap exemption.
Need H-2B Help in Oxnard?
Whether you're an employer with seasonal staffing needs or a worker seeking temporary employment, our team can guide you through the H-2B process.
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