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H-2B Visas

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H-2B Temporary Visa

Employers and agents in the United States who meet certain criteria may petition to bring foreign nationals into the United States to fill temporary nonagricultural positions through the U.S. Citizenship and Immigration Services’ (USCIS) H-2B program. As one would expect with any immigration related matter, petitioning for H-2B visas can be an immensely complex procedure and should not be handled without the assistance of an experienced attorney. At USILAW, our knowledgeable immigration attorneys understand the myriad of laws and regulations surrounding H-2B visas and can maximize your chances of securing the results you need.

WHO MAY RECEIVE AN H-2B VISA?

In order for an employer to be approved for H-2B nonimmigrant classification, a petitioner must meet several different requirements. First, they must display that there are not enough workers in the United States who are willing and able to fill the temporary position. Second, the employer must show that hiring H-2B workers will not have a negative impact on the wages and working conditions of currently employed U.S. workers in similar positions. Finally, the need for the prospective H-2B laborer’s services must be temporary in nature, regardless of whether or not the underlying job itself can be described as temporary.
Work may be deemed temporary if:
  • 1. It is a one-time occurrence: The type of job needed is a lone occurrence. The employer must not have employed workers in the past to perform the job needed, and it will not need to employ workers to fulfill the same purpose in the future.
  • 2. It is a seasonal need: The work is tied to a particular season or event that is recurring in nature. These seasons must be predictable, cannot be subject to change, and cannot be considered a vacation period for permanent employees.
  • 3. It is a peakload need: The work is only needed to temporarily supplement an employer’s permanent staff in order to meet seasonal or short-term spikes in demand. The temporary workers may not become a permanent part of the employer’s workforce.
  • 4. It is an intermittent need: The employer occasionally needs temporary laborers to perform work in short spurts.
To petition for an H-2B visa, an employer must also obtain a temporary labor certification from the United States Department of Labor and submit form I-129 to the USCIS. Prospective workers must also apply for an H-2B visa with the U.S. Department of State at an abroad U.S. consulate, embassy, or port of entry. H-2B petitions may only be granted to nationals of countries approved by the Secretary of Homeland Security (DHS). The complete list of authorized countries can be found at uscis.gov.

IS THERE A CAP ON H-2B WORKERS?

As it stands, only 66,000 foreign nationals may be granted an H-2B visa during a fiscal year. This limit is split between the two halves of the fiscal year, with 33,000 nationals allowed to begin employment from October 1st to March 31st and the remaining 33,000 allowed to begin employment from April 1st to September 30th. While unused numbers of H-2B visas carry over from one half of the fiscal year to the next, these limits reset each year. Once this cap is reached, the USCIS will only accept petitions for workers who are exempt from the H-2B cap.

CONTACT USILAW TODAY

At USILAW, our immigration attorneys have helped countless individuals legally enter and work in the United States and can provide the strong legal guidance you need to help you navigate through the immigration system. Whether you are an employer or an individual looking to gain H-2B status, our firm is here to ensure your best interests are represented. With unmatched dedication and personalized attention given to each case, your immigration matter is sure to be in excellent hands.

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BHANU G.
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Great working with USILAW & Team, very Professional & detailed oriented. Have been working with them from past 2 years and have received great support and guidance throughout the process from Maria & Jennifer. Will recommend it for anyone
BIKRAM SINGH
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USILAW is a top quality immigration law firm. As a business owner I have dealt with other law firms but no one comes close to USILAW's professionalism, efficiency & ethics.
PRASAD K.
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Excellent, Professional organization. Very responsive and dependable firm

For assistance, contact our immigration lawyers and legal staff today.

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