H-2B Visa

1. Employment Permit: The H-2B visa grants foreign workers the legal right to work in the United States for a U.S. employer in a non-agricultural role. This employment authorization is specific to the sponsoring employer, allowing businesses to access labor necessary to meet their seasonal or temporary demands.
2. Residence Permit: In addition to employment, H-2B visa holders receive a residence permit for the duration of their contract, allowing them to experience life in the U.S. while contributing to the economy. The visa supports a stay of up to one year, with the possibility of extension in increments of up to one year, for a maximum of three years.

The H-2B visa is typically valid for the length of the employment contract, up to a maximum initial period of one year. However, extensions may be granted if the employer can demonstrate the ongoing need for temporary foreign labor, with the maximum cumulative duration not exceeding three years. After this period, workers must return to their home country and reside outside the U.S. for an uninterrupted period of three months before reapplying for an H-2B visa.

1. Children: H-2B visa holders’ unmarried children under 21 years old can join them in the United States under an H-4 dependent visa. The H-4 visa does not authorize employment for children, but it does allow them to attend school and integrate into the community.
2. Spouses: Similarly, the spouse of an H-2B visa holder can reside in the U.S. under the H-4 visa category. While the H-4 visa allows the spouse to live in the United States, it does not permit employment, which is a critical consideration for families planning their move.

• Temporary Need Justification: Employers must demonstrate that the nature of the job is temporary by showing a peak-load, seasonal, intermittent, or one-time need for extra workers.
• Labor Certification: Obtain a temporary labor certification from the U.S. Department of Labor, which verifies that hiring foreign workers will not negatively impact the pay or working conditions of comparable U.S. workers.
• Job Advertisement: Employers must conduct a recruitment effort to find qualified U.S. workers for the positions, including advertising the job opening and interviewing applicants.
• Job Offer from a U.S. Employer: Prospective H-2B applicants must secure an employment offer for temporary work in the U.S., specifically aligned with the employer’s labor certification.
• Non-Immigrant Intent: Demonstrate intent to return to the home country after the employment period by providing documentation that shows significant ties to the home country, such as family, property, or ongoing commitments.

• Evaluation of Your Case: Employers must assess their labor needs, ensuring they meet the specifications necessary for obtaining a temporary labor certification. Prospective employees should confirm their eligibility based on the job offer and intent to return home.
• Constituting Your Eligibility: Confirm qualifications and gather documentation that validates eligibility, such as the temporary labor certification, job offer, and proof of non-immigrant intent.

• Labor Certification Approval: Issued by the Department of Labor, reflecting compliance with regulatory requirements.
• Employer’s Job Offer Letter: Evidence of a formal employment contract indicating all relevant job details.
• Non-Immigrant Visa Application Form (DS-160): Completed by potential employees for scheduling consular interviews.
• Valid Passport: Proof of citizenship required for visa processing.
• Proof of Residence and Ties: Supporting documentation illustrating intent to return to the home country after employment.

For those already in the United States on another visa classification and seeking to transition to an H-2B visa:

• Eligibility Assessment: Confirm eligibility for a status change within the U.S., based on employer’s labor certification and existing visa type.
• Form I-129 Submission: Employers must file Form I-129 for workers already present in the U.S. and needing a change of status.

For international applicants pursuing the H-2B visa from outside the U.S.:

• Visa Application Form (DS-160) Completion: Required to schedule the consular visa interview and initiate processing.
• Consular Interview Scheduling: Dependent on availability at the U.S. Embassy or Consulate, often ranging between a 2-8 week timeline.
• Documentation Submission: Required before the consular interview for verification purposes.
• Consular Interview: Conducted to assess eligibility, verify intent, and evaluate documentation, culminating in a visa decision.