H-2B Temporary Need Evidence: Seasonal, Peakload, Intermittent, or One-Time

H-2B is not a general solution for a permanent staffing shortage. The employer must prove a temporary need for services or labor, usually framed as one-time, seasonal, peakload, or intermittent.

Evidence should match the selected category. Seasonal cases need a recurring pattern tied to a season. Peakload cases need proof of regular permanent staff plus short-term extra demand. One-time occurrence cases need a temporary event or unusual circumstance. Intermittent cases need proof the employer only occasionally needs this type of labor.

Useful documents include payroll history, contracts, booking data, production schedules, weather or tourism patterns, event records, prior staffing levels, and a written statement explaining when the need begins and ends.

New Horizons Legal helps employers prepare H-2B temporary need packages that are specific, consistent, and easier to defend.