H-2B Visa

What is a H-2B Visa?

The H-2B working visa is a nonimmigrant visa, which allows foreign citizens to enter into the U.S. to temporarily work in non-agricultural employment that is seasonal, peak load or a one-time incidence.

Who qualifies for a H-2B Visa?

The requirements that must be met by the employer include the following:

• A U.S. employer must file an application requesting to hire foreign citizens for seasonal, non-agricultural labor.
• The entity may be a partnership, corporation, or an individual proprietorship.

The requirements that must be met by the employee include the following:

• Have a valid job offer from a U.S. employer to work a temporary or seasonal non-agricultural job.
• Show evidence of an intent to return to your home country upon completion of the work and the expiration of the visa.

What are the benefits of applying under this visa category?

Some of the benefits of this visa include:

• Allowing dependents to live in the U.S. with the visa holder.
• Visa holders are free to travel in and out of the U.S. as needed.
• The visa is valid for the length of employment but not to exceed a year.
• The visa may be renewed in one-year increments for an additional two years.

How can an attorney help in this process?

The H-2B petition is a highly complex, multi-phase process. In the recruitment and labor certification phase, the rules relating to setting job requirements, advertising specifications, and application completion are voluminous and very exacting. The DOL is unforgiving of mistakes. Employers are very restricted in what they can require of potential applicants. An immigration attorney with substantial experience in H-2B petitions can help avoid the many costly pitfalls and help you sail through the H-2B process.

To discuss if this is the right visa for you and if you can qualify under this category, please feel free to contact our law firm by email or call us at 314-648-2929.