H-2B program is an employment-based visa, also referred to as a guest worker visa program. H-2b allows U.S.employers to temporarily employ non-immigrant to perform non-agricultural jobs or services in the United States. Entertainers on tour, film producers, and professional minor league ballplayers uses this type of visa when in the United States. Non-agricultural jobs could be working at beach resorts, pools, or at the theme park during winter.
adan g vega and associates have helped several individuals file and gain their H2B visa over 40 years of laws practice with profound knowledge has established the firm as a well-known leader in various aspects. Reach out to us with your question, and our top-rated attorneys will be more than happy to help you achieve your H-2bB visa.
H-2B Law
To qualify for the h2b program, the U.S. employers must petition the immigration agency and present specific criteria concerning the type of work covered by the H-2B category. Precisely how these criteria came upon and how to establish these requirements makes it complicated to file for an H-2b visa on your own. Our top-rated Houston immigration lawyer can effectively handle them in a cost-effect manner. An H-2B visa is available to non-immigrant workers that are not performing in the agricultural field and will only be available for temporary work. H-2b visa lasts for as long as the work needs but will not exceed more than a year at one-time. Often the employer can extend the interval of an H-2b visa up to three years in some situations. los mejores abogados de inmigracion en houston tx For more information.
Who May Qualify For H2B Classification?
As a U.S. employer that likes to hire the service of a non-immigrant for a non-agricultural project, you must meet these classifications, the petition must establish that;
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- There are no U.S. workers who are willing, able, qualified, or available to perform the seasonal work.
- Employing the H-2B workers will not affect the wages and working conditions of related hired U.S workers.
- The workers’ services or labor is temporary and can fall into one of the three categories;
- One-Time Occurrence- U.S. employers that are calming a one-time occurrence must prove that it as;
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- An employment situation is not permanent, but a seasonal event of a short time that created the need for the temporary worker.
- Have not employed the worker to do the service or labor in the past and do not need the worker to do the service or project in the future
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- Seasonal Need- Employers that are filing for seasonal needs will have to show that the labor or service that they seek worker is;
- That is typically tied to a season of a year by event or pattern and not on recurring nature,
- Peak Load Need- Here, employers that are claiming a peak load must prove that it;
- Do hire permanent workers to perform the services or labor at the position of employment.
- That the temporary staff additions will not in any way become part of regular operation
NOTE: You can not claim seasonal need if the time you need the services or labor is
- Unpredictable
- Considered vacation period for you permanent workers
- Subject to change
Required To Apply For H-2B Visa:
- Job employment from a U.S. entity
- DS-156, form application for a non-immigrant visa
- Ds-157 (If male between age 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.)
Foreign workers coming into the United States to work with the H-2b visa should know that having the h2b visa did not guarantee entry to the country. Officers at the point of entry could decide to deny the H-2b worker access to the country. The officer at the port of entry decides how long an H-2B visa holder can stay in the country. They will provide the I-94 document (The Record Of Arrival-Departure) containing the duration info to the h2b worker. For more information about h2b law and how to file for an H-2B visa, consult with Adan G. Vega.
