H-2B Visas (Temporary Worker)

The H-2B visa is a nonimmigrant visa that allows employers to bring foreign workers to the United States to fill temporary, nonagricultural jobs. These jobs may include seasonal work in the hospitality and tourism industry, construction, or other industries that experience a temporary increase in demand.

To qualify for an H-2B visa, the employer must first demonstrate that there are not enough qualified U.S. workers available to fill the temporary positions. The employer must also show that the employment of foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Employers must file a petition with the United States Citizenship and Immigration Services (USCIS) to request H-2B visas for their employees. If the petition is approved, the foreign worker must apply for the visa at a U.S. embassy or consulate abroad.

H-2B visas are valid for up to one year and can be extended in increments of up to one year at a time, up to a maximum of three years. After the H-2B visa expires, the foreign worker must leave the United States and remain outside the country for at least three months before applying for a new H-2B visa.

It is important to note that H-2B visas are not a path to permanent residency in the United States. Foreign workers on H-2B visas are not eligible to apply for a green card or other types of permanent visas while in the United States.

Overall, the H-2B visa is a useful tool for employers to bring in foreign workers on a temporary basis to meet their staffing needs. It is important for both employers and foreign workers to understand the requirements and limitations of the H-2B visa and to work with an experienced immigration attorney to ensure compliance with all relevant laws and regulations.