Tampa, FL H-2B Visa for Temporary Employment

Workers can come to the United States on an H-2B visa to work on a short-term basis at many non-agricultural  jobs. This visa provides an excellent opportunity for those who want to travel to the U.S. to work in the hospitality industry or other fields.

An H-2B visa is generally valid for no more than one year but can be extended at the employer's request. Workers entering on an H-2B visa may bring a spouse and unmarried minor children with H-4 visas.

However, because these visas offer so many benefits, immigration authorities are concerned with the potential for fraud. Thus, they review applications very closely for discrepancies or suspicious data. To avoid problems that could lead to the denial of an H-2B visa, many workers seek assistance from an experienced immigration lawyer at American Dream^® Law Office, PLLC. Our dedicated team has the knowledge to help you in the application process. 

Arrange for a consultation with our Tampa H-2B visa attorney by phone at (813) 499-1250 or reach out online today. 

What Employers Need to Do for the H-2B Visa

The H-2B visa is a temporary employment visa designed to bring in workers when businesses have difficulty locating enough help to supply their needs. (This visa is for workers in industries other than agriculture—different visas are used in that field.)

An employer needs to request temporary labor certification from the U.S. Department of Labor and show that:

• The need for workers is temporary (such as seasonal work)
• There are not enough U.S. workers in the area willing, able, and available to perform the work
• Bringing in H-2B employees from outside the country will not hurt U.S. workers performing similar jobs

Once an employer receives permission from the Department of Labor, they must petition U.S. Citizenship and Immigration Services (USCIS) on the prospective employee’s behalf.

How Workers Qualify for an H-2B Visa

To obtain an H-2B temporary work visa, an applicant must have a job offer from a certified employer in the U.S. The worker must demonstrate that they are qualified to perform the employer’s work and intend to return to their home country when the employment ends. Immigration authorities will want to see evidence of ties to the home country because they do not want temporary visas to be used for immigration purposes. This is often the most challenging aspect of applying for an H-2B visa.

The Application Process

Once you have an appropriate job offer and a notice specifying that USCIS has approved the petition filed by the employer, you can gather other required materials and apply at the U.S. consulate. You will need certain forms, an application fee, and identification documents. 

The general H-2B visa application includes the following steps:

• Employer Recruitment: Employers must demonstrate that they could not find suitable U.S. workers for the desired positions.
• Prevailing Wage Determination: Employers must obtain a prevailing wage determination from the U.S. Department of Labor and offer wages that meet or exceed the prevailing wage.
• Temporary Labor Certification: Employers file a temporary labor certification application with the Department of Labor (DOL), which includes proving a temporary need for foreign workers.
• USCIS Petition: Once the DOL approves the temporary labor certification, the employer submits a petition to the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker.
• Consular Processing: If the USCIS approves the petition, the foreign worker applies for an H-2B visa at a U.S. embassy or consulate in their home country.
• Entry to the U.S.: Upon visa approval, the foreign worker can enter the U.S. and start working for the sponsoring employer.

Additionally, you will need sufficient evidence of ties to your home country to demonstrate your intention to return at the end of the work period. Your answers about this evidence must be consistent, or immigration officials may become suspicious.

Benefits of the H-2B Visa

The H-2B visa temporarily allows foreign workers to work legally in the United States for non-agricultural jobs. H-2B visa holders can bring their spouse and unmarried children under the age of 21 to stay with them in the U.S. Furthermore, H-2B visa holders are entitled to all employee benefits provided by their employers during their stay in the U.S.

Drawbacks of the H-2B Visa

The H-2B visa is valid only for a specific period, typically up to one year, and does not lead to permanent residency or citizenship. Dependents accompanying H-2B visa holders can only work in the U.S. if they qualify for a separate work visa. H-2B visas are issued for specific job positions that U.S. workers cannot fill for various reasons, such as seasonal or peak-demand labor needs.

Discuss your work visa needs with our Tampa H-2B Visa attorney at American Dream^® Law Office. Phone a team member at (813) 499-1250 today.