by The H-2B visa is a work visa permitted to non-agricultural workers from specific countries to work in the U.S. As a non-immigrant visa, the H-2B limits the length of stay for the holder. For their duration in the U.S., workers may have spouses and unmarried children under 21 years of age travel to the U.S. after applying for H-4 visas.
The amount of time allotted in the U.S. on H-2B visa status depends on the degree of need for that position. Under the visa program, there is a three-year limit, but extending H-2B visas gradually, within increments of one year to three years is possible. For instance, if there is a need to fill a job for three years, the employer can have the employee stay for that length of time.
H-2B visa workers and families can’t apply for permanent U.S. residency, as the visas are non-immigrant. For every three years, non-immigrants are to live outside the U.S. for at least 90 days.
While specific guidelines jurisdiction the laws of the h2b visa program, understanding the requirements can make the program easier to navigate; read on for more information on the requirements for qualification.
What Are The Requirement Qualifications For H2B Visa Programs?
The prospective employer is to apply for the h2b visa program for the applicant. The steps for applying for the h2b visa program take 120 to 150 days to complete. Experienced legal assistance can make the process easier and ensure the accuracy of the application and follow-up steps.
The employer can only apply on behalf of the applicant if they have indicated that:
- they could not find the necessary amount of qualified U.S. workers with the required work availability
- hiring foreign nationals will not negatively influence the wages or conditions of work of U.S. workers already situated in the company
- the need for the added workers is a short-term occurrence resulting from seasonal changes in the workload, and it is a supplemental need to accommodate the otherwise sufficient existing workforce.
Additional Employer Requirements
Additional requirements are ongoing for employers who hire foreign nationals as temporary employees. Even after workers are approved for the h2b visa program, the employer must inform the USCIS in two working days if:
- the visa holder does not come to work within five days of the start date established by the employer or employment
- the visa holder leaves work without notice and does not report to work without getting permission from the company
- the visa holder is terminated before they’ve done the work they were hired to complete
- the visa holder completes their work over a month before the expected completion timeframe has passed
Get A Legal Team On Your Side To Navigate The Process
Hiring an experienced legal firm can make hiring foreign nationals easier. Navigating the h2b visa program is highly specific and strict. For the best outcomes, get a legal team with the experience to help you understand and navigate the program.
