The H-2B visa is for individuals who will be performing temporary nonagricultural services or labor. Usually, the H-2B worker is a temporary and one-time employee of a U.S. company. The need the worker fills is usually a “seasonal need”. Each year there are 66,000 H102B visas available. For those workers who do not meet the requirements of other more difficult to obain visas such as the O Visa or the P Visa, the H-2B may be a good fit.
Does your employer get involved in the H-2B Visa process?
Yes. The H-2B visa requires the help of your employer. Your employer becomes your “sponsor”. Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S. under the H-4 status. Dependents are not permitted to work, unless they personally qualify for a work visa.
What are the steps for filing an H-2B visa application?
Step one: apply for a Temporary Labor Certification from the U.S. Department of Labor (DOL). You must meet all their requirements. Step two: The employer must recruit eligible U.S. individuals for the proposed positions. Step three: The employer must prove that there are no U.S. workers available for the proposed position. Once this recruitment process is over, the DOL will send the employer labor certification. The employer can then file the I-129 Petition for Non-Immigrant worker with USCIS requesting H-2B worker status. After approval of this petition, you may apply at the consulate in your home country.
Can I do the Visa process without an attorney?
I do not recommend it. Many of the cases we work on come from clients that tried to do the case themselves or gave their case to someone they trusted but did not have the years of experience you need to win these cases. It is easy to make a mistake. The Department of Labor has a “zero- mistake tolerance policy”. That means, one mistake, and you lose time and money and could lose your case completely. A mistake can shorten the amount of time you get to live and work in the U.S. Just using the wrong date, or job title, can destroy your case. The best action you can take for yourself and your family members is to give this type of complex legal case to a trusted immigration attorney. Contact me today.
Documents for Filing with USCIS:
Documents needed for the Consular Process: