U.S. Temporary Non-Agricultural (H-2B) Visas
- The specific job they’re trying to fill is temporary in nature, albeit the kind of labor itself isn’t temporary. The petitioner should prove that the work may be a one-time, short-run prevalence, a seasonal want tied to an annual event, season, or pattern, peak time for temporary workers throughout a busy season, or intermittent want.
- The usage of H-2B staff won’t have a negative impact on the working conditions, together with the wages, of domestic workers used in similar fields.
- There aren’t a decent variety of domestic employees to use or that are willing and ready to complete the temporary work.
- The company is suitably certified by the U.S. Department of Labor.
Note: The countries eligible for H-2B visas is updated yearly by the Department of Homeland Security and also the Department of State.
The updates for H-2B visas are valid one year from publication
How to Apply for an H-2B Visa
- The sponsoring employer should first submit the mandatory temporary labor certification to the Department of Labor (U.S. or Guam, reckoning on their location).
- After receiving a short lived labor certification from the DOL, the employer will then submit an I-129 form to U.S. Citizenship and Immigration Services (USCIS).
- After USCIS approves form I-129, prospective employees might apply for a visa and admission. Generally, this suggests applying for an H-2B visa at a U.S. embassy or consulate then seeking admission at a port of entry, via U.S. Customs and Border Protection. If a visa isn’t needed, employees are often admitted directly by U.S. Customs.
H-2B Cap Exemptions
Note: Dependents of H-2B visa holders receive H-4 non-immigrant dependent visas beneath their beneficiary.
The information contained in this article isn’t legal recommendation and isn’t a substitute for such recommendation. State and federal laws change oftentimes, and also the information in this article might not replicate your own state’s laws or the foremost recent changes to the law.