Visa H-2B: An option for working temporarily in the United States

Visa H-2B: An option for working temporarily in the United States

Are you considering working temporarily in the United States? If this is your case, call us today at (619) 746-8879

There is a visa called H-2B that allows US employers to hire migrant workers to fill temporary non-agricultural roles in the United States. The jobs can be anything from resort workers for the holiday season or employees for amusement parks in Florida if it is something temporary. 

According to WorkPermit.com, every year about 66,000 temporary workers use this visa, which is meant for jobs outside of the agricultural field and that are available on a recurring seasonal need or the employer does not need a full-time staff but needs additional help on a temporary basis.

Additionally, the employer must prove that there are no unemployed US workers that are willing or able to do the job which is established through a state’s employment agency. Also, the employer must ensure that employing someone with an H-2B visa will not affect negatively the pay or conditions of US workers.

How long can the temporary worker stay in the United States?

The visa holder can stay up to one year but it may be extended by the employer for up to three years. If he or she has a spouse or unmarried children under 21 years of age, they will be issued H-4 visas and may stay as long as the authorized stay of the H-2B visa holder says but they will not be allowed to work in the country.

Nonetheless, applicants for this visa should be aware that it does not guarantee entry into the United States since it is the officer at the port of entry the one who has the authority to deny admission. This officer also determines the period for which the visa holder can remain in the United States.

Required documents for the H-2B visa

The prospective employer needs to file Form I-129, Petition for Non-immigrant Worker with the USCIS, United States Citizenship and Immigration Services. Once approved the employer is sent a notice of approval, which is Form I-797.

It is important to know that petitions should be filed no more than six months before and at least 45 days before the employment should begin. The application for the H-2B visa includes:

• DS-156, Application for Non-immigrant Visa 
• DS-157 if male between the ages of 16 and 45
• The necessary filing fees 
• Copy of Notice of Approval of H-2B Petition 
• Passport 
• One passport-style photo 
• Evidence of ties to the home country (family, property, current occupation, etc.)

The USCIS also informs on their website that there is a cap for H-2B visas set at 66,000 per fiscal year. If you visit that link you will also be able to learn which countries are eligible to participate in the H-2B program.

If you need to request an H-2B visa or have questions about the process, contact an immigration attorney. At Kannan Law, we are prepared to help you with your filing and overall questions related to this topic, contact us today!