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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Too bad there are only 5 stars cos I like to give them 10. Practically the best Immigration attorneys in Dallas or Texas and possibly the best in country. I like to thank Ms Katrina Moore especially she was more than helpful in my case. She was a life saver.- Oluwatobi O.
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Thank you, all the team working in Akula & Associates, P.C office for your outstanding service and for helping me achieve this important milestone.- Andre & Marie M.
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My journey started with Akula & Associates exactly 10 months ago. Came to know about them through a friend, casually called, impressed with their profile and signed up contract for services. Last 10 months we filed several cases and each case they treat like a completely new customer and examine each document thoroughly, advise and make us on top of the things. I truly say sincere THANKS for their great service. I truly love their staff. My paralegal Yezenia is awesome, attorney Toki is wonderful. Yet to work more with GC team, Shirin and Christie, great work experience so far. Last but not least Attorney Kavitha is Great!!! I hope I get the same level of service for me and employees for coming years!!! Good luck to Akula & Associates !!- Venkat C.
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Akula & Associates, team of lawyers dedicated to helping with all areas of immigration, are incredibly attentive and their knowledge of immigration is vast. I honestly thank you from the bottom of my heart, thank you Akula & Associates team.- Sravanthi J.
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My journey started with Akula & Associates exactly 10 months ago. Came to know about them through a friend, casually called, impressed with their profile and signed up contract for services. Last 10 months we filed several cases and each case they treat like a completely new customer and examine each document thoroughly, advise and make us on top of the things. I truly say sincere THANKS for their great service. I truly love their staff. My paralegal Yezenia is awesome, attorney Toki is wonderful. Yet to work more with GC team, Shirin and Christie, great work experience so far. Last but not least Attorney Kavitha is Great!!! I hope I get the same level of service for me and employees for coming years!!! Good luck to Akula & Associates !!- Venkat C.
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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.