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Assisting Employers in Obtaining H-2B Visas for Temporary Workers

Many companies find it difficult to find the right applicants in the United States to fill necessary positions in their companies. If you are an employer that wishes to hire foreign workers on a temporary basis to meet your workforce needs, you must follow strict procedures to sponsor H-2B visas for each and every worker. This process can be complex, and mistakes can lead to penalties for both employers and workers. It is important to consult with an experienced H-2B visa lawyer in Iowa to ensure you are in full compliance with the law. Contact the Farmer, Farmer & Brown Law Firm, P.L.L.C law firm today.

Qualifying for H-2B Classification

Not every employer will qualify to obtain H-2B to hire temporary foreign workers. Employers must prove the following:

  • There are not enough workers in the U.S. who are willing, able, and available for certain positions
  • The H-2B workers would not negatively impact U.S. workers who are similarly employed
  • The need for foreign workers is temporary, including a one-time need, seasonal need, intermittent need, or peak load need

Once the employer can prove there are not suitable and available U.S. workers to fill the temporary workload need, they must apply for a Temporary Labor Certification with the U.S. Department of Labor (DOL). This application process can be lengthy and complicated.

If an employer receives the Temporary Labor Certification, it must complete the required forms to petition for the number of H-2B visas approved by the DOL. All necessary supporting documents must be included with the petition forms and submitted to the United States Citizenship and Immigration Services (USCIS).

Only when the petition is approved can workers apply for their visas with the U.S. consulate in their home nations. Workers must be from the approved list of countries provided by USCIS. If H-2B workers would like family to accompany them to the United States, their spouses and unmarried children who are younger than 21 may be eligible under H-4 nonimmigrant classification. However, H-4 classification does not allow family members to work and earn their own wages while in the United States, and they would have to apply for their own work visas if they would like to be employed.

H-2B Visas are Temporary

It is important for both employers and H-2B workers to understand the time limitations on this type of visa to avoid penalties and immigration consequences. Initially, an H-2B visa will only be approved for the time period allowed on the approved Temporary Labor Certification. Employers may be able to extend H-2B visas for increments of one-year, up to a maximum of three years. You must follow the proper procedures to extend an H-2B visa and keep your foreign workers.

Consult with a H-2B Visa Lawyer about the Process Today

The law firm of Farmer, Farmer & Brown Law Firm, P.L.L.C assists employers in sponsoring foreign workers to lawfully fill their workforce needs. Having the right legal assistance can guarantee that you are in full compliance with immigration laws and avoid penalties. Call (512) 894-2128 or contact us about our services today.

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