H-2B Visa

H-2B Visa Program

Are you a foreign national with experience in any of the following jobs? And want to apply for an H2B visa

If you answered “Yes,” then you may be eligible for the H-2B visa! The visa category is for temporary non-agricultural workers 

(such as the ones listed above). The H2B visa category allows employers in the U.S. to bring foreign workers to the U.S. to fill temporary jobs when there is high demand. However, potential H-2B visa applicants must be from an eligible visa country. Additionally, the U.S. employer must submit a Temporary Labor Certification Application to the Department of Labor (DOL) before the employer can petition for an H-2B visa applicant.

WHICH COUNTRY’S NATIONALS ARE ELIGIBLE FOR H-2B VISAS?

Effective Jan. 18, 2016, nationals from the following countries are eligible to participate in the H-2B program:

A foreign national whose country is not included on this list may only be granted an H-2B visa if the U.S. Secretary of Homeland Security determines that it is in the U.S. interest for that foreign national to be granted the visa.

WHAT ARE THE REQUIREMENTS FOR AN EMPLOYER TO FILE FOR A FOREIGN WORKER FOR AN US VISA?

To qualify for H-2B visa classification, an employer must show:

• That the job is temporary: the employer’s need is considered temporary if the job is for only one time, for a season, on a peak-load need, etc.;
• That there are not enough U.S. workers who are able, willing, qualified, and available to do the job;
• Hiring foreign worker will not decrease pay for U.S. workers in similar jobs or adversely affect the working conditions of similar U.S. workers.

WHAT IS THE BASIC H-2B VISA PROGRAM PROCESS?

The following are the steps for the H-2B visa program:

1. The employer submits a Temporary Labor Certification application to the Department of Labor (DOL);
2. After receiving a temporary labor certification, the employer must submit a Petition for Nonimmigrant Worker (Form I-129) form requesting H-2B workers;
3. Prospective workers may apply for the H-2B visa with the U.S. Department of State, U.S. embassy or consulate abroad, or U.S. Customs and Border Protection (CBP).

HOW LONG CAN I STAY IN THE U.S. ON AN H-2B VISA?

A visa holder may remain in the U.S. for the period of time approved on the Temporary Labor Certification, usually no longer than one (1) year. The H2B visa may be extended in one-year increments. The maximum period of time that a visa holder can remain in the U.S. is three (3) years. After a stay of a maximum of three years, a visa holder must leave and remain outside the United States for a continuous period of three (3) months, before seeking readmission as an H-2B visa holder. Getting guidance from an immigration lawyer would help.

CAN MY FAMILY ACCOMPANY ME TO THE U.S. ON AN H-2B VISA?

Yes. Spouses and unmarried children under twenty-one (21) years of age of an H2B visa holder may seek admission on an H-4 visa. H-4 dependent visa holders are not allowed to work in the United States.

CONCLUSION:

If you are a United States employer who is unable to find a suitably skilled worker in your industry, US visa category can help you hire a foreign worker. Although there are no educational requirements for an H2B visa, the worker must be from an eligible visa country. If you are a foreign national and have entered the United States on a different visa, you can change your status to an H-2B if you have an employer who is interested in sponsoring you.