H-2B Visa: Temporary Non-Agricultural Worker
Assistance for Immigrants in Dallas and Nationwide
Employers can bring in temporary or seasonal non-agricultural workers under this visa if the employer can demonstrate the need[1]. H-2B visa holders are authorized to stay in the U.S. for the period of employment up to a year, with up to 3 years maximum including extensions. Currently, citizens of 84 different countries can qualify.
Who Qualifies for the H-2B Visa?
According to the U.S. Department of Citizenship & Immigration Services (USCIS), in order to qualify for this nonimmigrant classification, a petitioner must be able to show proof of the following:
- The U.S. doesn’t have enough domestic employees who are able, willing, and available to do this type of work;
- Giving this temporary job to a non-citizen would not have a negative effect on similarly employed U.S. workers;
- The employer’s need is only temporary. Temporary can mean: one-time occurrence, seasonal need, peakload need, or intermittent need.
Process for Getting an H-2B Visa
According to USCIS, there are three main steps petitioners must follow to apply for this type of temporary visa.
- Submit temporary labor certification to the Department of Labor
- Submit Form I-129 to USCIS
- Apply for a visa and/or admission (for those applying outside of the U.S.)
What About Returning Workers?
Every year, there is a cap on the amount of visas USCIS will issue. As of December 2015, anyone who qualifies as a returning worker is exempt from this cap. In order to qualify as a returning worker, the employee must have previously been counted against the cap on visas for fiscal years 2013, 2014, or 2015.
For more information on how our Dallas immigration lawyers at Akula & Associates can help you file for an H-2B visa, call (844) 299-5003 today.
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"Highly recommended!"We are a small business with 20 employees and reached out to Akula & Associates for immigration help, Kavitha Akula, Toki Olowo and their staff have been extremely helpful. They always give very clear instructions for our cases, and yes, we have multiple cases with them and several of which are approved. The staff is very responsive on either email or over the phone; I am grateful that they are around to provide excellent and professional service. Highly recommended!- Sheri
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"The entire process through Akula law firm was easy and stress-free"I recently had the pleasure to work with Akula & Associates on an Eb-5 application and have to approve them as the go-to law firm for EB5 . I worked with Kavitha Akula, and was impressed by her immense expertise and knowledge on the EB 5 process. She and her team were available at every step to navigate through the EB-5 process, especially to get the appropriate documents from India. I was able to apply for the EB-5 Visa in a timely manner, and the entire process through Akula law firm was easy and stress-free. Kudos to Akula & Associates.- Vishwaroop B.
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"Kavitha is the best immigration attorney in the entire country."Kavitha is the best immigration attorney in the entire country. We chose Kavitha to represent us after I met her and realized how very knowledgeable she is. She and the firm provided great service, were very professional and used technology very well. I just wanted to say, THANK YOU for a job well done; you are great Kavitha!!!- Sateesh
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We are an IT consulting firm. Kavitha helped us to get critical H1 case approvals and saved employees from running out of status which leads them to travel to their home country permanently. Timely response, dedication towards the work, having proper immigration knowledge, solving cases with logical thoughts, and the best team are the positives. Thanks!- Zuven Technologies -
"Too bad there are only 5 stars... I like to give them 10"Too bad there are only 5 stars cos I like to give them 10. Practically the best Immigration attorneys in Dallas or Texas and possibly the best in country. I like to thank Ms Katrina Moore especially she was more than helpful in my case. She was a life saver.- Oluwatobi O.
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"This firm was the ONLY firm that gave me hope"I want to thank Akula & Associates for helping me adjust my status. After seeing many law firms in the Dallas area, this firm was the ONLY firm that gave me hope. I was able to adjust my status in record time. I want to especially thank lawyer Kathy Brady for working hard on my case. She was very patient and hard working. She was the only one that gave me hope when many other lawyers didn’t. Thank you again!- Hilda M.
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"I highly recommend to work with these 2 amazing professionals."shout out to Attorney Shirin Rahmani and Christie Savivanh for working on my case and getting it through. I highly recommend to work with these 2 amazing professionals. They guided me on every step of my case for employment based GC.- Usman S.
