- The H-2B visa is for employers to hire temporary nonimmigrants to perform nonagricultural labor for a short time.
- The H-2B visa is extended one year at a time with a maximum stay of three years.
What Is The H-2B Visa? Who Qualifies For This Visa?
The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States. The employment must be temporary for a limited time such as a one-time occurrence, a seasonal need, a peak load need, or an intermittent need. You must also be a national of one of the H-2B eligible countries.
Leila is a citizen of Bosnia. She is a noted chef of East European cuisine. A high-end Seattle restaurant hires her to become their visiting chef as well as teach other aspiring chefs at Le Cordon Bleu North American in Seattle.
The top industries that were successful with obtaining H-2B visas in prior years include food services, construction, and hotels.
How Long Is The H-2B Status Valid For?
H-2B classification may be extended for qualifying employment in increments of up to one year each. The maximum period of stay in H-2B classification is three years.
Lejla may remain as a chef and teacher of chefs in the U.S. for a maximum of three years, with her employer applying for extensions each year.
How Do I Apply To Get An H-2B Visa To Work In The United States?
We will work with your employer to submit the necessary applications, which first requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable federal minimum wage, the state minimum wage, or local minimum wage for the occupation, in the area of intended employment, during the entire period of the approved H-2B labor certification.
Then, the employer will make its detailed request to the Department of Labor, which includes its argument for temporary need, followed by the recruitment of local workers. Next, we will file a petition with USCIS. Finally, once the employer has been approved for the first two application processes, we will assist you with filing for your visa and/or admission to the U.S. to begin your alotted employment period.
For more information on H-2B Visas in The United States, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (201) 529-6888 today.