H2B Visa for Qualified Workers 1/4

Posted on 2月 01, 2006 by | Category: Immigration

H-2B as an Option for Companies in Need of Qualified Workers 1/4

Alien workers can qualify for H-2B visas if they are coming to the United States to accept a temporary or seasonal non-agriculture job from a U.S. employer and they have the skills or abilities needed by the employer.  Unlike the H-1B visa that is intended for college-educated workers, the H-2B visa mainly targets skilled or unskilled workers.  Currently, the temporary Labor Certification is required for applying for the H-2B visa.  Nonetheless, according to the newly proposed rule, the temporary Labor Certification may no longer be required and H-2B visa application could be filed directly with the USCIS.

The term “temporary” refers to the employer’s need for the duties performed by the position, regardless of whether the underlying position is permanent or temporary.  Usually, the seasonal laborers, workers on short term business projects and those who come to the U.S. as trainers of other workers could apply for H-2B visa.  Those entertainers who cannot meet the criteria for O or P visas can also choose to apply for H-2B.  A job is deemed temporary if it is a onetime occurrence, meets seasonal or perk-load needs or fulfills an intermittent but not regular need of the employer.  In order to apply for H-2B, one also needs to have the intention to return to your home county when the H-2B visa expires.

Initially, H-2B visa can be approved for up to only one year.  Additional one-year extensions are allowed.  After a maximum of three years, however, the alien must return home and wait at least 12 months before applying for another H-2B visa.  As to accompanying relatives, they could come to stay in the U.S. with the principal, but they could not work.

In summary, in order to obtain an H-2B visa, one needs to meet the following requirements:

  1. He or she must have a job offer from a U.S. employer to perform work that is either temporary or seasonal;
  2. He or she must have the skills or abilities required by the job position;
  3. A temporary Labor Certification is filed to show that no qualified Americans is willing or be able to take the job advertised;
  4. He or she must have the intention to return home when his or her visa expired.

This article is only for your reference. Please do not apply mechanically to any exact cases. You are welcome to consult our attorneys at Liu & Associates, P.C. For contact information, please click here.