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5 Requirements Needed to Obtain an H-2B Visa

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If you seek seasonal employment in the United States, you might be interested in obtaining an H-2B visa. This visa allows you to work in the U.S. for up to nine months and is a great opportunity to earn money while experiencing American culture. However, applying for an H-2B visa can be complex, and you must meet some requirements to be eligible. This blog post will discuss the five top requirements to obtain an H-2B visa.

1. Job Offer

You must have a job offer from a U.S. employer willing to sponsor your H-2B visa. This means the employer must apply for the visa on your behalf and prove that no qualified U.S. workers are available to fill the job. The employer also needs to explain why the job is seasonal, why it can't be filled by a U.S. worker and your duties in the position.

2. Temporary or Seasonal Work

The job you are offered must be temporary or seasonal. This means it is not a permanent position, and there is a specific beginning and ending date for your employment. Examples of seasonal work include landscaping during the summer, ski-resort jobs in the winter, or farm work during harvest.

3. Prevailing Wage

Your employer must offer you a wage that meets or exceeds the prevailing wage for the job in the location where you will be working. This means the wage must be competitive with similar jobs in that area. The U.S. Department of Labor has a prevailing wage database that employers can use to determine the appropriate wage for your position.

4. Labor Certification

Before your employer applies for your H-2B visa, they must obtain a temporary labor certification from the U.S. Department of Labor. This certification verifies that there is a shortage of qualified U.S. workers available to fill the job and that hiring you will not adversely affect American workers' wages and working conditions.

5. Nonimmigrant Intent

You must prove that you intend to return to your home country after your temporary employment in the U.S. is complete. This means you have strong ties to your home country, such as a job, a home, family, or property. If you cannot prove your nonimmigrant intent, you might be ineligible for the visa.

Obtaining an H-2B visa requires meeting various requirements, including having a job offer from a U.S. employer for temporary or seasonal work, earning a prevailing wage, and proving a nonimmigrant intent. If you want to obtain an H-2B visa, it is vital that you have an experienced attorney on your side. Our team at Akula & Associates P.C. can help you with the process from start to finish to ensure that you have everything in place to increase your chances of success.

Get in touch with our team today at (844) 299-5003 to schedule a consultation!