H-2B VISA ATTORNEY

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H-2B, Seasonal or Temporary Non-Agricultural Visas

Congress has conferred to employers, through the H-2B application process, the right to sponsor foreign nationals to live and work in the United States on a temporary and/or seasonal basis. When a foreign national is sponsored by a U.S. company, the foreign national enters the United States on a temporary visa, which is placed in their passport. Upon entry, the foreign national will have the right to work only for the sponsoring employer for the duration identified on their visa.

Numerical Cap

Congress has placed an annual cap of 66,000 H-2B visas. The cap opens up twice per fiscal year. 33,000 visas are allocated as of October 1, the first half of the fiscal year, and 33,000 are allocated as of April 1, the second half of the fiscal year. Any unused visas from the first half of the fiscal year are added to the total available visas in the second half of the fiscal year.

The H-2B numerical cap is extremely competitive. We warn every employer wishing to file H-2B applications of the potential hardship they will face to get the needed workers because of the H-2B cap. Congress is desperately needing to permanently increase the numerical cap so the H-2B program can once again be a consistent, reliable source of labor for U.S. companies.

Application Process

The application process for H-2B applications can be rather complex. It is important to speak with one of our Attorneys to ensure an H-2B application is right for you. Each of the requirements below has specific evidentiary standards that must be met to satisfy the requirements of the application process. Our Attorneys have extensive experience in H-2B visa applications and would love to discuss your immigration needs today.

That being said, all H-2B applications have the same basic requirements:

  • The employer must apply for a Prevailing Wage Determination (PWD);
  • The application must be filed with the State Workforce Agency;
  • The application must be filed with the Department of Labor;
  • The application must be filed with the Department of Homeland Security.

Satisfying the requirements of each phase of the application process can be complicated. Satisfying each phase of the application process in a compliant way is far more complex. This is a highly scrutinized program by the Department of Labor (DOL), so it is imperative you have your application filed by a highly skilled Attorney. Reach out to our firm today to discuss your application options.

Qualifications

To qualify for certification of an H-2B Petition, Employers must prove the following to both the DOL and the USCIS:

  • Position is temporary or seasonal in nature;
  • Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work;
  • Demonstrate that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Determining each of the requirements above require specific and detailed evidence to be provided to the reviewing governmental entity. As such, it is imperative if you are filing an H-2B application, you use one of our experienced immigration attorneys to help guide you through the application process.

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