Aliens who will on a temporary basis in skilled or unskilled nonagricultural positions for which the employer has only a temporary need are classified as non-immigrants under Section 101 (a)(15)(H)(ii)(b) of the INA, 8 U.S.C. Section 1101 (a)(15)(H)(ii)(B).

While the aliens can be skilled or unskilled, thus differentiating this category from the H-1B, the employer must meet two basic requirements in order to bring in alien workers under the H-2B category:

1. It must demonstrate that it has only a temporary need for the type of services or skills to be performed by the aliens (the employer's need can be permanent in the H-1 category); and

2. It must demonstrate that U.S. workers are not available who are unemployed and qualified to fill the position. In addition, the aliens must themselves have a foreign residence which they have no intention of abandoning, and must intend to depart the United States at the end of the temporary stay.