H-2B Visa for Temporary Non-Agricultural Workers
- Foreign seasonal, intermittent, a peak load need, or a one-time occurrence worker can come to the United States with job offers from U.S. companies.
- S. companies hiring foreign workers to perform non-agricultural labor or services of a temporary or seasonal nature due to a shortage of U.S. domestic workers.
- The beneficiary can enter the U.S. for temporary work and enjoy all employee benefits. In addition, the beneficiary’s dependents can join the beneficiary in the U.S.
- The beneficiary can change jobs if the beneficiary shows a new job offer.
- The job must be temporary in nature and the need is for one year or less. The employer’s need may not be ongoing or continuous. The beneficiary may stay for two more years with two one-year increments. With initial one year and two one-year extensions, the beneficiary can stay for three years on this visa.
- Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
- Show that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
- The U.S. employer must engage in independent positive recruitment of U.S. workers. This means an active effort, including newspaper and radio advertising in areas of expected labor supply. Such recruitment must be at least equivalent to that conducted by non-H2B non-agricultural employers to secure U.S. workers
Services we offer:
- Draft highly detailed petitions and U.S. job offers that dovetails every aspect of the seasonal or temporary work.
- Have clear strategies to defend the feasibility of the seasonal or temporary work even before USCIS’ challenges arise.
- Overall initial assessment to ensure compliance with the H-2A regulations and memos.
- Pre-submission due diligence and checking to ensure consistency among documents.
- Adequate explanation of the seasonal or temporary work necessity and rationale for the inability for securing qualified and willing U.S. workers.
- Ensure all petitions and applications are filed within a timely manner to fulfill the client’s expectations and dates of intended employment.