H-2B Visa

H-2B Visa

An H-2B visa is available to foreign nationals who wish to come to the US to perform temporary services or labor. The H-2B visa must be sponsored by a US employer. The employer must prove that the need for a foreign national worker is a one-time occurrence, a seasonal, peakload, or intermittent need. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services. The H-2B visa is usually granted for one year, although it may be extended in one year increments. The visa may be extended for a period totaling no more than three years, however, there must be extraordinary circumstances to do so.

Before filing a petition for H-2B status, an employer must obtain a prevailing wage determination from the Department of Labor. The prevailing wage is a determination of what US workers normally earn for doing similar work in the same geographic area. The employer must pay the H-2B worker 100% of the prevailing wage. In addition, an employer must advertise for the position, proving that no US workers are ready, willing, and qualified to do the job, prior to filing the H-2B petition.

A petition for H-2B status may be filed with the US Citizenship and Immigration Services (USCIS) Regional Service Center up to 6 months before the requested start date. The USCIS may take several months to process an H-2B. However, for an additional $1,000.00 processing fee, the USCIS will adjudicate the petition in 15 days.

H-2B Cap

The US government limits the number of new H-2B Visas to 66,000 per year (the government’s year runs from October 1 to September 30). Once this limit, or “cap”, is reached, an employer cannot employ a foreign national in H-2B status until the next fiscal year begins. It is important to note that foreign nationals who currently hold H-2B status and are either extending and/or amending that H-2B status, or are seeking H-2B status with another employer, are not subject to the cap. This provision, which allows H-2B workers to avoid the H-2B cap, was recently extended by Congress until September 30, 2007.

Family Members

The H-4 Visa is available to the spouse and children under the age of 21, who are accompanying the H-2B applicant to the US. The H-4 Visa is generally granted for the same period of admission that the primary H-2B Visa holder receives, and must be extended accordingly. As with H-2B change of status petitions, international travel should be put on hold for those filing a change to H-4 status.