H2-B Visa Nationwide Attorneys

There are many opportunities for foreign nationals to come to America for temporary work. A H2B visa is a program that permits employers to temporarily hire nonimmigrants for non-agricultural labor in the U.S. If you have a need for temporary, non-agricultural based employees, let our experienced Nationwide visa attorney guide you through the process.

Who Qualifies for an H2B Visa

In order for a visa recipient to qualify for this visa, the petitioner or employer must establish that there are currently not enough American citizens willing, able, qualified and available to work in the position needed. Additionally, the petitioner also needs to prove employing an H2B Visa worker will not negatively impact the wages or working conditions of similarly employed U.S. workers. Lastly, they must provide proof that the employment will be temporary, or seasonal.

Cap Count for H2B Visas

There is currently a system (Immigration and Nationality Act - INA) in place by Congress that places a limit on how many H2B visas they can issue to foreign nationals. Congress can issue 66,000 visas per fiscal year (as of 2020), but that number is split in half and 33,000 are available the first half (Oct. 1- March 31) and 33,000 the second half (April 1 - Sept. 30) of the fiscal year year. If the cap is not met during the first half of the year, then the amount will carry over to the second half. If the total visa cap is not met during the fiscal year it does not carry over into the next year.

H-2B Program Process

The program allows US Employers that meet specific requirements to bring foreign nationals to the U.S. to fulfill temporary non agricultural jobs. In order to start employing those individuals you must first go through a application process. The following is a general overview of the process for a H2B visa:

• Step 1: Petitioner will need to file a temporary labor certification application to Department of Labor (DOL)
• Step 2: Petitioner will need to submit Form I-129 to USCIS.
• Step 3: Potential workers outside the United States will need to apply for visa.

Qualifying Countries

In order to qualify for an H2B visa, you must be a national of a country approved by the Secretary of Homeland Security. A list of the countries approved can be found on the USCIS website. If a national from a country wishes to apply then the Secretary of Homeland Security can review their application and decide if supplying that individual with an H2B visa is in the best interest of the U.S.

Length of Stay

Typically the H2B visa length lasts as long as the work is needed for up to a year. After that year, your employer may petition to have your visa stay extended for 1 year at a time for a maximum of 3 years total. One an H2B visa beneficiary has stayed the maximum of three years, they must leave the U.S. for a period of three months before applying for readmission as an H2B nonimmigrant.

Interested in Petitioning for an H2B Visa?

If you are an employer looking to petition a foreign national to work for you, you may be overwhelmed by the complex process and paperwork involved. When you contact an H2B visa attorney, we can handle the paperwork and filing processes for you so you don’t have to deal with it while trying to manage your business.

Our attorneys in have over 78 years of combined experience handling a wide range of employment immigration matters. We pride ourselves on our consistent track record of helping families, businesses and foreign nationals realize their American dream.

Get started today! Call to schedule an appointment with a Nationwide immigration lawyer.