H-2B Visa
Dallas, Texas Immigration Employment Law Firm
Although the H-2B Visa is a very viable option for foreign nationals who want to live in the U.S., many individuals and employers are unaware of this visa. The H-2B Visa is like the H-1B Visa in that it gives U.S. employers the ability to hire foreign nationals to fill temporary needs of their business. The H-2B work visa was created primarily for non-agricultural positions needed in the United States. Up to 66,000 H-2B Visas are issued each year.
A primary restriction of the H-2B is that the foreign worker must only be hired for temporary employment. Needs for temporary workers can be based on seasonal, intermittent, peak-load or one-time occurrence. The employer must promise the worker temporary employment, and prove that the need for that employment is only temporary.
The H-2B Visa also requires that a labor certification be approved before filing the visa petition. Additionally, the Department of Labor must deem that no unemployed, qualified U.S. workers are available for the position and that the position will not adversely affect the wages or working conditions of U.S. workers. In order to prove that there are no U.S. workers for the position, the employer must first attempt to recruit for the position in the U.S.
Benefits of an H-2B Visa are as follows:
• A foreign national may enter the U.S. for temporary work and obtain all employee benefits
• H-2B Visa holders can bring their dependents,
• H-2B Visa holders may travel freely inside and outside of the country
• If the foreign national has a need to change jobs, a new petition may be filed.
At Reyes Bartolomei Browne, we have over 20 years’ experience in helping people with immigration issues. If you are interested in obtaining an H-2B Visa or have any immigration questions or issues, please call one of our bilingual immigration attorneys for a consultation, or fill out the questionnaire to the right of this page.
A primary restriction of the H-2B is that the foreign worker must only be hired for temporary employment. Needs for temporary workers can be based on seasonal, intermittent, peak-load or one-time occurrence. The employer must promise the worker temporary employment, and prove that the need for that employment is only temporary.
The H-2B Visa also requires that a labor certification be approved before filing the visa petition. Additionally, the Department of Labor must deem that no unemployed, qualified U.S. workers are available for the position and that the position will not adversely affect the wages or working conditions of U.S. workers. In order to prove that there are no U.S. workers for the position, the employer must first attempt to recruit for the position in the U.S.
Benefits of an H-2B Visa are as follows:
• A foreign national may enter the U.S. for temporary work and obtain all employee benefits
• H-2B Visa holders can bring their dependents,
• H-2B Visa holders may travel freely inside and outside of the country
• If the foreign national has a need to change jobs, a new petition may be filed.
At Reyes Bartolomei Browne, we have over 20 years’ experience in helping people with immigration issues. If you are interested in obtaining an H-2B Visa or have any immigration questions or issues, please call one of our bilingual immigration attorneys for a consultation, or fill out the questionnaire to the right of this page.