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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I just want to take a moment and personally thanks Kavitha & Akula Law Firm for helping me out and getting through my complicated I140 case. It was a impossible case which Kavitha made it possible. As usual Kavitha's expertise has been phenomenal. I am very grateful to her. Because of her experience and professionalism in filing the I-485 it didn't even trigger an RFE or an interview request, it was a direct approval. And having Ambreen and other expert counsel members are really great to work with. They are prompt and very helpful. Ambreen, is so wonderful and have dealt so patiently and promptly with me during my I485 and the efforts she have put towards my application was at par. I was fortunate to work with Ambreen during this filing period. Highly recommended and great law firm.- Mohmmed K.
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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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We are very grateful for the help we always receive from the Akula Law Associates. At any time we need them they are always available to help quickly and a high level of professionalism. Thank you so much for all the staff members for their exceptional services. You guys Rock….:)- HR Devansh Lab Werks
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Seasoned lawyers with a great ability to navigate all areas of immigration. First class service all round. Highly rate the professional expertise of Kate Brady in particular.- Martin G.
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I have been filing cases with Akula & Associates since 2016 and since our first call with attorney Toki- when she heard what i said and accepted our first case; They have been gracious, competent and very patient in all process of immigarion-H1B, L1, TN, I140 etc. Thank you and your team for all your good work.- Sindhoora M.
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I want to thank all the Akula and Associates team that contribute with my immigration process. This process can be very stressful and confusing, but with your advice and support you make it very simple for me. I'm very pleased for the result of course but also with your professionalism and customer service, I never felt alone and you answered all my doubt very fast. Thank you and I wish you success and see you in a few years for my citizenship!- Jorge R.
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The relationship between Akula & Associates and CCIT has been very rewarding. Our company continues to trust Ms. Akula’s extensive immigration experience and we have yet to be disappointed. Through honest and direct communication Ms. Akula and her staff is very thorough; we have an understanding and comfort that all immigration matters are handled effectively and efficiently. Quick response is what we expect from legal counsel and that is exactly what the office of Akula& Associates delivers!- Vijay Seri, President – CCIT
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We have recently started working with Akula & Associates, they are amazing at work, very helpful, very professional, good analytical skills, good personal skills... Thank you to their team for excellent & quick service!!- Neha B.