Working On An H-2B Visa

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;

    1. There are no U.S. workers who are willing, able, qualified, or available to perform the seasonal work.
    2. Employing the H-2B workers will not affect the wages and working conditions of related hired U.S workers.
    3. 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;
        1. An employment situation is not permanent, but a seasonal event of a short time that created the need for the temporary worker.
        2. 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
  • 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

  1. Unpredictable
  2. Considered vacation period for you permanent workers
  3. 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.