If you’re an employer in need of seasonal or temporary workers, or you’re an individual with skills suited to temporary non-agricultural jobs in the United States, the H-2B visa program may be the right fit for you. Whether you’re initiating sponsorship or seeking to be sponsored, let our team of experts assist you every step of the way.
What is the H-2B Visa?
The H-2B nonimmigrant visa program enables U.S. employers to hire foreign workers for temporary nonagricultural work, which may include one-time, seasonal, peak load, or intermittent The H-2B visa is a non-immigrant visa category designed to allow U.S. employers to hire foreign nationals to fill temporary non-agricultural jobs. This visa serves essential industries with seasonal, peak-load, intermittent, or one-time needs, ensuring that labor demands are met when U.S. workers are unavailable.
Who Qualifies for the H-2B Visa?
To qualify for the H-2B visa, both employers and applicants must meet specific criteria:
The employer must demonstrate a temporary need for the foreign worker, classified as seasonal, peak-load, intermittent, or a one-time occurrence.
The applicant must have a genuine job offer from a U.S. employer for temporary non-agricultural work.
The employer must obtain a temporary labor certification (TLC) from the Department of Labor, ensuring that no qualified U.S. workers are available for the position.
The applicant must be admissible to the United States and comply with visa regulations.
How Does the Application Process Work?
Step 1: Temporary Labor Certification
We assist you in preparing and filing the Temporary Labor Certification with the DOL, confirming the need for temporary workers due to domestic labor shortages.
Step 2: Strategic Job Placement and Recruitment
We guide you through placing job orders and conducting recruitment to meet regulatory standards, aiming to demonstrate the unavailability of U.S. workers.
Step 3: Efficient Petition Filing
Once the labor certification is approved, we meticulously prepare and file your Form I-129, ensuring accuracy and compliance with USCIS requirements.
Step 4: USCIS Review Management
We monitor the petition progress and manage any additional requests from USCIS to secure a favorable decision.
Step 5: Visa Application Assistance
For foreign workers, we provide comprehensive support during the H-2B visa application process in their home country’s U.S. Embassy or Consulate.
What Are the Benefits of the H-2B Visa?
The H-2B visa offers several advantages:
Allows foreign workers to work temporarily in the U.S. in various non-agricultural fields.
The H-2B visa can be extended for qualifying employment, up to a maximum of three years.
The program supports a wide range of industries, from hospitality to construction.
What Are the Required Application Documents?
When applying for the H-2B visa, applicants must submit:
A valid passport.
- Job Offer and Labor Certification
A copy of the approved TLC and job offer from the U.S. employer.
- Proof of Ties to Home Country
Evidence of intent to return home after visa expiration, such as family ties or property ownership.