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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"Your expertise and diligence have been instrumental in navigating our complex case with efficiency and effectiveness."Your expertise and diligence have been instrumental in navigating our complex case with efficiency and effectiveness.- "T" Family
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"Akula & Associates law firm has provided an excellent immigration service to our firm filing H1B for our employees."Akula & Associates law firm has provided an excellent immigration service to our firm filing H1B for our employees. We working with Toki Olowo and Shamira Hamid who have done splendid job in filing the petition on time ahead of estimated scheduled time. Toki patiently addressed all our concerns and also guided us making right decisions in our very first initial consultation.They have guided us step by step documentation such a way that overall process was very smooth. We being California based company had initial concerns on working with Texas based Law firm on overall paperwork and cost but the firm made the process so easy with document upload process. We would love to take this firm guidance and help for all our future immigration service.- Affine Tech Systems L.
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