Our recent article about the E2 Visa Attorneys who we support was very popular. So much so that we had to write this article to answer all of the H2B Visa questions we received from our readers. See also…Houston Immigration Attorney Cost.
Contents
H2B Visa Requirements
Non-agricultural workers in jobs that are either seasonal or intermittent need a H2B Visa to work in the United States. Before you get the H2B Visa, you have to provide evidence that the job you want to do in the U.S. only needs labor for less than 12 months. It is basically a Visa for unskilled workers that take less than one year working in the United States. For instance, during summer months, businesses in ski resort and amusement park towns often have to hire foreign workers to fill temporary or seasonal needs.
An employer cannot hire workers with H2B Visa for continuous jobs that take more than 12 months. There is a high demand for the H2B Visas, but the USCIS only issues 66,000 H2B Visas a year to people from eligible countries. People involved in sports, movie making, entertainers and some sports people can also use H2B Visas.
Type Of Work Eligible For H2B Visa
The type of work for a H2B Visa has to be temporary in nature in the following ways:
- Work that has a recurring seasonal need such as a ski resort in the winter
- Work that does not need full time staff only occasional temporary workers
- Work that that only needs workers during a short and temporary period
- Work that is only available during busy periods where permanent employees need temporary staff to do the work properly
The employer can only get foreign workers to do the above job if they can prove that they couldn’t find non-employed U.S. workers that were willing to do the job. They also have to prove that they will not affect the pay conditions of US workers by hiring those foreign workers. You should know that just because you have a visa does not mean that you will be granted entry into the United States. You can still be denied admission by the officer at the point of entry.
The Requirements for H2B Visa
The following are requirements for both employers and employees:
- The H2B Visa can only be used for seasonal or intermittent jobs by non-agricultural foreign workers
- An employer must prove that the job a H2B worker is going to do is seasonal and takes less than 12 months
- You cannot hire H2B workers for continuous or ongoing labor needs
- H2B workers can perform any job as long as it is not agricultural work
- You can only get a H2B Visa if you come from H2B eligible countries
To get more information about H2B Visas you need to talk to an experienced immigration attorney.
Benefits Of The H2B Visa
Just like the other Visas, H2B Visa makes it easier for a worker to work in the United States. The benefits include:
- The worker becomes legally authorized to work in the United States
- You can live legally in the United States together with your immediate family. Your immediate family includes unmarried children under 21 years of age and your spouse
- Your children will be able to attend classes in the USA from Pre-K to high school
- You are eligible for a Social Security Number and Drivers License if you have a H2B Visa