Sometimes, U.S. employers have a need for employees that cannot be filled domestically. Among those who typically enter the country to work with H-2B visas are landscapers, construction workers, processing workers, poultry cutters and restaurant/resort workers.
Fortunately, the H-2B visa program allows U.S. employers who meet the program’s regulatory requirements to fill temporary, non-agricultural jobs with foreign nationals.
The H-2B visa program allows non-agricultural workers from certain countries the ability to come to the U.S. to work. The H-2B is a non-immigrant visa, meaning that there is a limit on how long a visa holder may stay in the United States. The length of time an employer can have a worker in the U.S. in any particular year varies based on the justification for the need of that worker. For example, in the event of a one-time occurence justification, the employer can have H-2B workers for up to three years. The visa program establishes a three-year limit, though H-2B visas can be extended by increments of one year up to three years.
These workers may have their spouses and unmarried children under the age of 21 join them in the U.S. by applying for H-4 visa status.
However, neither the H-2B visa holder nor their family members traveling to the United States with them may apply for permanent residency because the H-2B visa is a non-immigrant visa. Every three years, non-immigrants must be outside the U.S. for at least 90 consecutive days.
While the foreign nationals get the benefit of being able to come into the country to earn money, it’s the prospective employer who must apply for the visa on their prospective workers’ behalf. To qualify to apply for worker visas through the H-2B visa program, an employer must establish that
The H-2B application process involves multiple steps, which take roughly 120–150 days to complete from start to finish. For that reason, employers often choose a seasoned legal team like Farmer Law’s to help them navigate the following steps.
Because of the myriad requirements and steps in the H-2B visa process and achieving H-2B status, it’s a good idea to work with an attorney with experience helping employers navigate this process. Additionally, a cap of 66,000 visas per fiscal year (allocated between the first and second halves of the fiscal year) for 2021 means that the timing of your application is important. An attorney can advise you regarding the best times to apply.
Reaching the H-2B cap doesn’t necessarily mean that employers can’t recruit H-2B workers, as the cap offers some exemptions. However, because of the complex nature of these regulations and processes, a seasoned legal team is best positioned to help you acquire the H-2B workers your business needs.
In addition, recent legislatory focus on immigration issues presents the potential for changing H-2B visa regulations. For example, proposed changes to the H-2A visa program for non-immigrant foreign workers has the potential to impact the H-2B visa program by excluding construction workers from qualifying for H-2A visas, which means they would likely have to be recruited by employers using the H-2B program.
For employers, the duties don’t end when H-2B visa holders are granted entry into the United States. They must also notify the USCIS within two working days if
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Reach out to us for any questions on specific U.S. immigration laws, U.S. immigration forms, citizenship applications,
U.S. work visas, or any other aspect of immigration law.
The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
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