H-2B Visas


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.


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:
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.


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.


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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