H-2B Visa

What is the H-2B Visa?

The H-2B Visa is a nonimmigrant visa that allows U.S. employers to hire foreign workers for temporary non-agricultural work. This can include jobs that are for seasonal, peak load, or one-time need positions. The most typical types of jobs for this visa include trainers, performers, athletes, counselors, instructors, and caretakers for terminally ill patients.

Requirements

1. Job Offer: You must have a temporary job offer from a U.S. employer for a non-agricultural position.
2. Labor Shortage Proof: The employer must prove there are not enough U.S. workers willing or able to fill the position.
3. Country Eligibility: You must be a citizen of a country eligible for the H-2B Visa Program.
4. Temporary Job Nature: The job must be seasonal, intermittent, peak-load, or a one-time need.
5. Home Ties: You must show strong ties to your home country to ensure you will return after your visa expires.

Visa Application Process 

1. Job Posting: Employer posts recruitment advertisements in the U.S.
2. Labor Certification: Employer applies for temporary labor certification from the local state workforce agency (SWA).
3. USCIS Petition: Employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS after receiving labor certification.
4. Visa Application: Those outside the U.S., complete Form DS-160 and undergo consular processing, including a visa interview.
5. Visa Issuance: If approved, you can enter the U.S. and begin work.

Required Documents 

1. Form DS-160 confirmation page
2. Form I-129 approval page
3. Valid passport
4. Passport-size photographs
5. Proof of ties to your home country
6. Additional documents for dependents (if applicable):
   • Valid passport
   • Passport-size photographs
   • Birth certificates for children
   • Marriage certificate for spouse

Visa Fees

1. Form I-129 filing fee
   • Named workers (limited to 25 employees): $540
   • Unnamed Workers (no limit): $460
2. Form DS-160 filing fee: $185
3. Form I-129 Premium Processing Fee: $1,685 (optional)

Commonly Asked Questions

What is the processing time?

Processing times can vary, but employers can expedite the process by using premium processing, which guarantees a decision within 15 days. 

How long is the visa valid? 

The H-2B visa is typically valid for one year and can be extended in one-year periods for “extraordinary circumstances” with a maximum of three years. After three years, you must leave the U.S. for at least three consecutive months before re-applying.

Is there a pathway to a Green Card?

The H-2B visa does not have a direct pathway to a green card. In order to obtain a green card, you must change your status to a visa category that permits adjustment to permanent residence.

What about dependents, can they come to the U.S.? 

Using the H-4 status, your spouse and children under 21 can accompany you to the U.S. They can only travel with you or join you while you’re in the U.S.

Contact Us 

At Yellow Law Group, our immigration attorneys can assist you throughout the H-2B visa application process. Our services include:

• Reviewing your job offer to assess eligibility
• Assisting your sponsor in obtaining Temporary Labor Certification
• Checking your supporting documentation
• Communicating with your U.S. based sponsor
• Monitoring the progress and status of your application

If you have any questions or need assistance with your H-2B visa application, please contact us. Our expert immigration lawyers are ready to help you navigate the process smoothly and effectively.