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 types of 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 it can be extended at the request of the employer. 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, and they review applications very closely for discrepancies or suspicious data. To avoid problems that could lead to denial of an H-2B visa, many workers elect to seek assistance from an experienced immigration lawyer at American Dream™ Law Office. Our dedicated team has the knowledge to help you obtain your visa.

The Employer Will Need to Take Certain Actions

The H-2B visa is a temporary employment visa designed to supply workers when businesses are having 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 workers in the area willing, able, and available to perform the work
  • Bringing in H-2B employees from outside the country will not have an adverse effect on U.S. workers performing similar jobs

Once an employer receives permission from the Department of Labor, then they must file a petition with 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 will need to demonstrate that they are qualified to perform the work offered by the employer and they 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 being used for immigration purposes. This can often be 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 on your behalf by the employer, then you can gather other required materials and apply at the U.S. consulate. You will need certain forms, an application fee, and identification documents. 

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. When you are asked about this evidence, your answers need to be consistent, or immigration officials may become suspicious.

An Immigration Lawyer Can Help You Obtain Your H-2B Visa

The prospect of applying for a work visa in the U.S. can be very intimidating. Mistakes can not only destroy your hopes for current employment but also affect your ability to enter the U.S. in the future.

Working with a skilled immigration attorney can make the process much easier and reduce the potential for worry. Contact the experienced team at American Dream™ Law Office to learn more about how we could help you obtain an H-2B visa.

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