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.

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.

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, peak-load 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.

FAQ: H-2B Visa – Temporary Non-Agricultural Worker Guidance

1. What is the purpose of the H-2B visa?

The H-2B visa allows U.S. employers to address labor shortages by temporarily hiring workers from other countries for non-agricultural jobs, ensuring businesses can meet their seasonal or peak demands.

2. How long is the H-2B visa valid?

This visa is typically granted for the duration of the employment need, up to 9 months. Extensions may be allowed, but the total period of stay cannot exceed three years.

3. Who can apply for the H-2B visa?

Employers and workers must meet specific qualifications:

• For Employers: They must prove a shortage of available U.S. workers and that the job need is temporary.
• For Workers: They must be citizens of eligible countries (currently 84 are approved) and have a valid job offer from a U.S. employer.

4. What types of jobs qualify for the H-2B visa?

The visa is for non-agricultural roles, often in industries like hospitality, landscaping, construction, and seafood processing.

5. How does an employer obtain an H-2B visa for workers?

The process involves three steps:

1. Employers must secure a labor certification from the Department of Labor (DOL).
2. File Form I-129 with the U.S. Citizenship and Immigration Services (USCIS).
3. Workers outside the U.S. must then apply for the visa at a U.S. consulate or port of entry.

6. Is there a limit to the number of H-2B visas issued annually?

Yes, the U.S. imposes an annual cap on H-2B visas, typically set at 66,000. Half are allocated for the first half of the fiscal year and the rest for the second half.

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.