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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.

  1. Submit temporary labor certification to the Department of Labor
  2. Submit Form I-129 to USCIS
  3. 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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