Working in the U.S. with an H2-B Visa

Any immigrant who wants to work in the United States needs a visa to do so. The type of visa available to an immigrant depends on the immigrant’s nationality, occupation, training and work experience.

The H-2B Visa: Visa for the Temporary Worker

The H-2B visa is a visa for temporary work that U.S. workers are generally unwilling to do. This visa is for non-professionals and an employer must sponsor an immigrant. To employ H-2B workers, employers go through a process to prove that no U.S. workers are willing to do the temporary work. This includes filing certain forms, advertising the seasonal work, and going through a state run labor certification process.

Situations in which work is temporary and an employer may use H-2B employees include: recurring seasonal need, intermittent need, or one-time need.

The types of jobs that are usually available for an H-2B visa include landscape work, boat building, manual labor, welding, machine operations, housekeeping, construction, and food service (including cooking and bartending). Seasonal jobs can be found at resorts (including ski resorts) and hotels. Potential employees living overseas and wishing to come to the United States for temporary work should seek out employers to sponsor them or agencies that match employers with potential employees.

H-2B Visa Timing and Duration

H-2B visas last for the duration the employer needs the temporary employee up to a maximum of one year. An employer may extend the duration of the visa up to 3 years.

An employer should apply as soon as possible to this program as most of the 66,000 visas the United States gives out each year are gone by July. Employers can file for an H-2B visa as early as 6 months before work is scheduled to begin and should they should allow at least 45 days for the application to be processed and the visa to be issued. Employers must first seek temporary labor certification through the U.S. Department of Labor by filing ETA Form 750, Part A and completing the certification process. Once certification is granted, the employer may then file the I-129 Petition for Non-Immigrant Worker through U.S. Citizenship and Immigration Services (USCIS). Once an H-2B employer’s I-129 Petition for visa(s) is granted, notice is sent to the U.S. consulate in the employee’s home country and the employee goes to the consulate and applies for a visa.

Legal Representation

Legal representation can be extremely helpful for both the employer and employee when attempting to obtain a H-2B Visa. An immigration attorney can review and file visa applications. This can help ensure that these often-complicated documents are filled out correctly and that the documentation you provide is adequate to meet U.S. immigration standards. An immigration lawyer can also advise you on what visas you are eligible for and can help you obtain permanent residence after you have gained a visa.

Case Studies: Working in the U.S. With an H2-B Visa

Case Study 1: Successful H-2B Visa Application

Maria, a skilled worker from Mexico, sought temporary employment in the United States. She connected with a U.S. employer who needed workers for seasonal landscaping projects. The employer filed for an H-2B visa on Maria’s behalf, demonstrating the unavailability of U.S. workers for the temporary work.

The employer received temporary labor certification from the U.S. Department of Labor and then submitted the I-129 Petition for Non-Immigrant Worker to the USCIS. Maria’s visa was granted, and she successfully worked in the U.S. for the duration specified in her visa application.

Case Study 2: Delays in Visa Processing

John, an employer in the U.S., required H-2B workers for a construction project. However, due to delays in the application process, the visa was not approved in time for the project’s start date. This delay caused complications in meeting project deadlines, leading to additional costs and work disruptions.

Seeking legal representation, John worked with an immigration attorney to streamline the application process for future projects, ensuring timely approvals and avoiding costly delays.

Case Study 3: Transition to Permanent Residence

After several years of successfully working in the U.S. on an H-2B visa, Maria desired to pursue permanent residency. With the help of an immigration lawyer, she explored her options and learned about potential pathways to obtain a green card.

Her attorney guided her through the process, ensuring all documentation and forms were accurately completed. Eventually, Maria successfully obtained her permanent residency, fulfilling her dream of becoming a U.S. permanent resident.