Temporary non-agricultural workers: H-2B visa

Overview

What is the H-2B visa?

The H-2B visa pertains to a nonimmigrant program which permits U.S. employers to temporarily hire nonimmigrants to perform nonagricultural labor or services related jobs in the United States. To apply and be grated this visa category, the employment position of the foreign nationals must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peakload need or intermittent need.

This visa allows its holders to remain in the U.S. for up to the period of time authorized on the temporary labor certification. The H-2B classification may be extended for qualifying employment in increments of up to 1 year each. for each extension request, the applicant must submit a new valid temporary labor certification covering the requested time. The maximum period of stay in H-2B classification is 3 years. An individual who has held an H-2B nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2B nonimmigrant again.

H2B visa processing time

It typically takes a period of time between 60 days to 120 days to process this visa.

After our Legal Consultation I will be able to give you a more specific idea on how long should this Visa process be for your specific case, based on your particular circumstances.

Requirements

If you’re filing an application for an H-2B Visa, you need to extra careful because the requirements are specific and there is a cap of 66,000. H2B visas granted yearly, and they are granted on a first-come-first-serve basis. This is why it is so important that you count with the right legal representation and guidance to process this visa.

Legal Requirements

To qualify for H-2B nonimmigrant classification, the petitioner must establish that:

• There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
• Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
• Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary. The employer’s need is considered temporary if it is a(n):
  
  One-time occurrence – A petitioner claiming a one-time occurrence must show that it has:
• An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
• Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future;

OR

Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:

• Traditionally tied to a season of the year by an event or pattern; and
• Of a recurring nature.

Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is:

• Unpredictable;
• Subject to change; or
• Considered a vacation period for your permanent employees.

OR

Peakload need – A petitioner claiming a peakload need must show that it:

• Regularly employs permanent workers to perform the services or labor at the place of employment;
• Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and
• The temporary additions to staff will not become part of the employer's regular operation.

OR

Intermittent need – A petitioner claiming an intermittent need must show that it:

• Has not employed permanent or full-time workers to perform the services or labor; and
• Occasionally or intermittently needs temporary workers to perform services or labor for short periods.

Required documents

For this particular visa, the documentation and the manner and promptness in which they are provided to the Immigration Authorities marks the difference between a successful application and an unsuccessful one. To provide you with initial guidance, workers who will be sourced from outside the US need to visit the US embassy in their respective country and submit these documents which are essential for you to be able to present a successful H-2B Visa application:

• DS-156, the application form for Non-immigrant Visa* online form DS-160 has replaced DS-156 and DS-157 to make it into a single form
• DS-157, supplemental Non-immigrant visa application* for males between the ages of 16 and 45
• Passport
• Passport-size photographs
• Notice of approval for H-2B Visa or Form I- 129
• Proof that you’ll be leaving the US as soon as your H-2B visa expires like an apartment lease agreement or deed to a house
• A single valid temporary labor certification from the U.S Department of Labor (DOL), or, if the workers will be employed in Guam, from the Guam Department of Labor (Guam DOL)

What's included

My services include:

• At Sabalier Law, you count with expert legal representation and guidance throughout your entire visa application process
• Expert legal preparation and expedited submission of your petitions
• Legal review of your application, to ensure that it is filled out completely and accurately
• Legal guidance in case there are there are any requests for evidence of your circumstances for clarification purposes
• Legal advocacy and representation in case an issue arises throughout your application process
• Constant updates on the status of your case
• Timely notification of changes in immigration laws and procedures that are relevant for you and your case
• Expert and attentive legal support and representation throughout your visa application process from the moment you hire me until the moment of safely arrival in the United States. My work is not done until you have no more legal worries in mind
• And the best part is that at Sabalier Law, all legal services are offered online, using the latest in secure technology to ensure your safety and your comfort, so that you can get the legal representation, information, and communication you need every step of the way throughout your immigration process regardless of where you are located in the world