U.S. employers are allowed through the H-2B program to bring foreign nationals to the United States to fill temporary nonagricultural jobs that have one-time occurrence, seasonal need, peak-load need, or intermittent need. The foreign national with the H-2B is permitted a maximum period of stay in H-2B classification of 3 years.
H-2B Visa Requirements
A petitioner for H-2B nonimmigrant classification must establish that:
- There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
- The employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
- The need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.
Annual Cap and Eligible Countries
There is an annual quota of 66,000 H-2B visas allocated for U.S. businesses for temporary workers from the eligible countries (effective after January 18, 2019).
CONTACT A BOARD-CERTIFIED IMMIGRATION ATTORNEY AT ADAN G. VEGA & ASSOCIATES, PLLC
We represent clients worldwide and offer consultations with an experienced Board-Certified immigration lawyer, either by telephone or at our Houston office. To schedule an appointment to talk privately with one of our experienced attorneys, call (713) 527-9606 or contact us online.