The H-2B program that allows US employers or US agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary non-agricultural jobs. According to US Department of Homeland Security there were 165 million non-immigrant admissions to the United States during 2012. 82,921 of these admissions were non-agricultural visas (H-2B visas). Asking yourself whether you may qualify for H-2B visa or not? Let's find out! In order to qualify for H-2B non-immigrant classification, the petitioner must establish that there are not enough US workers who are able, willing, qualified and available to do temporary work. The employment of H-2B workers must not negatively affect the wages and working conditions of similarly employed US workers. The H-2B process includes several steps of getting a temporary labor certification and submitting the Form I-129 to USCIS by the employer and applying for visa by the perspective worker. For more detailed information about this process please, watch our video. The maximum period of stay in H-2B classification is 3 years. A person with H-2B non-immigrant status must depart after three years of stay in US and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2B non-immigrant. In order to receive an H-2B Visa an employee must complete the non-immigrant visa application DS-160, schedule an interview, pay the non-refundable visa application fee ($190) and gather the required documentation. That would be: passport valid for 60 days beyond the expiration date printed on the immigration visa, non-immigrant visa application, application fee payment receipt, photo, receipt number for your approved petition for non-immigrant worker, Form I-129 and you should also attend the visa interview. If you need legal help and advise, don't hesitate to come to Legal Bistro where the service of finding the right lawyer for you is 100% free.
