Unlike the other temporary US Work Visas, the H-2B Visa is for a non-agricultural job that lasts one year or less. This would allow an employer to hire a foreign worker for a specific job that lasts a short time, like seasonal work or for a project. Since both skilled and non-skilled workers can apply, it is an appealing category for someone looking for temporary work.
However, there is a currently a quota restriction of 66,000 H-2B petitions during a fiscal year, which means that competition for this category is stiff. When you apply for the H-2B Visa, it is essential to have an application filled out properly and submitted to the right place. When immigration officials find mistakes or omissions, it can delay an application for months, or worse, the bid may be denied.
In order to gain an advantage over applicants who are preparing the paperwork on their own, you need the help of an immigration lawyer who has expertise in preparing application packages. Niren & Associates has over 14 years experience representing clients with every type of immigration need, and we will professionally handle each step of the process with the intention of getting your case approved.
I recently obtained my H-2B visa as a result of all of the support and preparation given by your team team. You did a fantastic job of assembling my immigration applications and ensuring that I was totally prepared for the border interview. – Sara A.
Qualifying for an H-2B Visa
The most essential aspect of qualifying for an H-2B visa is to show the INS that your prospective employment in the U.S. is temporary or seasonal and is nonagricultural. You also require a suitable background for the job that is offered.
The U.S. employer’s need for a foreign worker must be “temporary” in the sense that the employment should be for one year or less. In most cases, the job offered is tied to a specific project that requires the services of a foreign employee and that can be completed within a finite time period. Employment involving temporary project management and consulting positions and training positions are typical examples of H-2B jobs.
Temporary Labour Certification
Perhaps the most challenging aspect of the H-2B Visa process is what is known as Labor Certification. Basically, to qualify for an H-2B visa, you must satisfy the U.S government that there are no qualified Americans willing or able to hold the position offered by the U.S. employer.
This involves filing applications to the Department of Labor (DOL) and to the INS. The DOL will require that the U.S. employer advertise for the position to American workers. Only where the employer fails in finding a qualified U.S. worker from its advertising efforts, will the temporary labor certification be approved and only then it will be possible for a successful H-2B application.
H-2B Visa Petition
Once the DOL approves the labour certification, the U.S employer is required to file an I-129 Petition for Non-Immigrant Worker with an INS Service Center with the jurisdiction over the place of employment. After the INS has approved the Petition, the foreign worker can apply for the visa at a U.S. Consulate in his or her home country. If the foreign worker is already in the United States he or she may file in the U.S under certain conditions.
To Help Sort Out All These Complicated Steps, Contact Our Chicago Immigration Law Office
Applying for the H-2B Visa isn’t as simple as filling out an application and sending it off. There are bureaucratic procedures that all need to be monitored or your case will not get the attention it deserves.
Our immigration attorneys will help prepare:
- you on how to convince the INS that your prospective employment in the U.S. is temporary
- you to satisfy the U.S. government that there are no qualified Americans willing or able to hold the position
- your application package and submit it to the proper location