In recent years, it has become increasingly difficult for U.S. employers to fill employment vacancies with domestic applicants. In certain situations, the H-2B Visa Program affords U.S. Employers the opportunity to fill non-agricultural employment vacancies with qualified foreign nationals on a temporary basis. Some common industries where the H-2B Visa has been particularly beneficial include landscaping, construction, processing facilities, and resort workers.
Although the H-2B Visa Program can prove very beneficial for U.S. employers, there are substantial regulatory requirements which must be satisfied to participate in this program. Below we have listed some of these regulatory requirements along with links to view frequently asked questions and obtain more information.
USCIS guidelines require US employers to satisfy certain regulatory requirements in order to apply for an H-2B Visa. Although there are additional requirements, the primary focus of these requirements are designed to demonstrate the temporary nature of the job vacancy being filled. To learn about these requirements and more, please visit our QUALIFICATIONS page.
Congress has made provision for a limited number of approved H-2B visas each fiscal year. The currently approved allocation of H-2B visas is 66,000, equally divided between the first and second half of the fiscal year. Although there are numeric limitations, there are some options available even once the CAP has been reached. To learn more about the H-2B Visa CAP and other options to pursue once the CAP has been reached, please visit our CAP LIMITS page.
The H-2B Visa program allows for varying durations of time for approved visa holders. The approved time is determined by the justification for the need of that worker. Typically, the H-2B Visa can be extended for a year at a time, not to exceed a maximum of 3 years. To learn more about the time-frames involved with the H-2B visa, please visit our DURATION page.
The application process for the H-2B Visa can be prolonged and complicated. There are several steps that must be navigated in a precise and timely manner to ensure the best chances of successfully procuring an H-2B Visa. To learn more about the various steps involved in this process, please visit our APPLICATION page.
Our attorneys specialize in helping companies and individuals navigate the complicated process of establishing H-2B status for foreign workers. Contact us today for a consultation.
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