H-2B Visa Season is coming!
This time we will talk about H-2B visa, a temporary work visa for nonagricultural workers. This H-2B visa has two famous brothers: H-1B visa for professional workers (with college degrees or above) and H-2A visa for temporary agricultural workers. The beauty of H-2B visa is its flexibility and lack of education requirements for the foreign beneficiary and the position.
Basic Information Regarding the H-2B Visa
The H-2B visa allows employers to hire foreign workers to come to the U.S. and perform temporary, nonagricultural work on a one-time, seasonal, peak load, or intermittent basis. The initial duration of the visa is less than 1 year, but it can be extended for up to 3 years of stay.
H-2B is a temporary visa subject to annual 66,0000 quota limits with 33,000 available for the first half of the fiscal year (October 1 to March 31) and 33,000 workers for the second half (April 1 to September 30). It is available for citizens of the following countries:
Andorra, Argentina, Australia, Austria, Barbados, Belgium, Brazil, Brunei, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, El Salvador, Estonia, Fiji, Finland, France, Germany, Greece, Grenada, Guatemala, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Kiribati, Latvia, Lichtenstein, Lithuania, Luxembourg, Macedonia, Madagascar, Malta, Mexico, Monaco, Mongolia, Montenegro, Mozambique, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Panama, Papua New Guinea, Peru, Poland, Portugal, Romania, Samoa, San Marino, Serbia, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, St. Vincent and the Grenadines, Sweden, Switzerland, Taiwan, Thailand, Timor-Leste, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, Vanuatu
Extensive preparation time is required for H-2B visas
Filing petitions with H-2B visa requires many steps working with Department of Labor, USCIS and U.S. Consulates abroad. This is because the employer must apply and acquire temporary labor certification with a recruitment process to show that no available and capable U.S. workers are willing and able to do the work and that employing a foreign worker on a H-2B visa will not negatively affect the pay or working condition of U.S. workers.
Due to its complex nature of lengthy preparation and application steps, we recommend to start the preparation process at least 5 months earlier than the start date of the job: for the start date of October 1st workers (first half of the fiscal year), start the preparation process before May 1st of the year; for the start date of April 1st workers (second half of the fiscal year), start before November 1st of the year.
Now is the perfect timing to start planning for the labor needs of your business for the next year. Please call and contact us if you would like to learn more about H-2B visa and explore other options for your business: Schedule a Consultation with our Attorney.
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