H-2B Visa

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:

  • Temporary Need

The employer must demonstrate a temporary need for the foreign worker, classified as seasonal, peak-load, intermittent, or a one-time occurrence.

  • Job Offer

The applicant must have a genuine job offer from a U.S. employer for temporary non-agricultural work.

  • Labor Certification

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.

  • Admissible to the U.S.

The applicant must be admissible to the United States and comply with visa regulations.

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    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:

    • Employment Opportunity

    Allows foreign workers to work temporarily in the U.S. in various non-agricultural fields.

    • Renewable Status

    The H-2B visa can be extended for qualifying employment, up to a maximum of three years.

    • Flexibility

    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:

    • Passport

    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.

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    Frequently Asked Questions

    Yes, there is a cap on the H-2B Visa, with an annual limit of 66,000 visas. Half of this cap is allocated for the first half of the fiscal year (October 1 - March 31), and the other half is designated for the second half of the fiscal year (April 1 - September 30)

    The duration of the H-2B Visa depends on the period specified in the temporary labor certification authorized for your employment.

    Extensions can be granted in increments of up to one year. However, there is a limit to the number of extensions, and the total period of stay on H-2B status cannot exceed three years.

    Family members in H-4 status as dependents are not permitted to work in the U.S.

    Regrettably, nationals of certain countries are not eligible to apply for an H-2B Visa. Only designated countries are eligible for temporary worker transfer.
    Change is imminent, solutions are our tradition.