Working temporarily in the United States might be appealing to you if you are a seasonal worker, like a snowboard instructor or an amusement park worker. Many such workers travel to the US in order to experience working and living in America.
Do you have a job offer from a US employer to work there temporarily and the job offer is for a one-time position in non-agricultural work, seasonal or for a peak load position (where increased demand for goods or services merits hiring additional staff to relieve workers)?
The H-2B visa may be the route you need to take to work temporarily in the United States.
Who Qualifies or is Eligible for the H-2B Visa?
The H2-B visa is a non-immigrant visa for individuals, family members or business owners seeking temporary or seasonal employment that is not agricultural.
To be eligible for the H2-B visa, applicants must ensure they have a job offer that is temporary and is tied to a specific project. The job offer must state that the US employer requires a foreign worker. The employer must file the petition for their employee.
What is the H-2B?
The H-2B visa, also known as a Work Permit, is for skilled and unskilled individuals coming to the United States for temporary employment that is non-agricultural.
How Does it Work? What is the Process to Obtain an H-2B visa?
Your employer must apply for a temporary labor certificate and when the certificate is approved, your employer must file a visa petition through form I-129 and submit it to United States Citizenship and Immigration (USCIS).
What are the Requirements for the H-2B?
You must have a legitimate job offer from an employer and that offer must indicate that the work is seasonal, one-time, intermittent, or peak-load and the job must be for less than one year.
There must be no qualified and willing US workers available for the job. You must also prove that you will return to your home country before the expiration date on your visa.
What is the Processing Time for the H-2B?
Processing times for US work visas vary depending on several factors:
- The office or service center responsible for processing the file
- The type of non-immigrant visa
- H-2B visa interview wait times (if applicable)
- Whether the applicant can qualify for an expedited interview appointment
- Whether Expedited processing is available
- Whether Premium Processing is available
- Providing insufficient or incomplete documents can lead to delays in processing and even denials
Top 10 Reasons for Refusal of the H-2B Application
While there are many reasons why your work visa application could be refused, we have listed the top ten most common ones here:
- Current and or past immigration status and history for the US or abroad, including overstaying and unauthorized employment
- Insufficient funds to support themselves during their stay
- Incorrect or incomplete petition
- Insufficient supporting evidence
- Conflicts with travel documentation
- Health concerns
- Suspicious of malicious intent
- Problems with background check
- Criminal history/Being convicted of a crime/Suspected or known ties to terrorism
- Material Misrepresentation
The H-2B Visa » Other FAQs (Frequently Asked Questions)
Which countries are eligible for a H-2B visa?
Andorra, Argentina, Australia, Austria,
Barbados, Belgium, Brazil, Brunei, Bulgaria,
Canada, Chile, Colombia, Costa Rica, Croatia, Czech Republic,
Denmark,
Ecuador, El Salvador, Estonia,
Fiji, Finland, France,
Germany, Greece, Grenada, Guatemala,
Honduras, Hungary,
Iceland, Ireland, Israel, Italy,
Jamaica, Japan,
Kiribati,
Latvia, Lichtenstein, Lithuania, Luxembourg,
Macedonia, Madagascar, Malta, Mexico, Monaco, Mongolia, Montenegro, Mozambique,
Nauru, The Netherlands, Nicaragua, New Zealand, Norway,
Panama, Papua New Guinea, Peru, Poland, Portugal,
Romania,
Samoa, San Marino, Serbia, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, St. Vincent and the Grenadines, Sweden, Switzerland,
Taiwan, Thailand, Timor-Leste, Tonga, Turkey, Tuvalu,
Ukraine, United Kingdom, Uruguay,
Vanuatu
Can I apply for a green card with a H-2B visa?
No, an H-2B visa allows foreign workers to work in the US for a temporary time period, typically for seasonal work.
Can the H-2B visa be extended?
Yes, the H-2B visa can be extended and is similar to the original application process. The employer must apply for an H-2B extension for their employee.
Why Contact My Visa Source for an Assessment?
Congratulations on taking your first step toward temporarily living and working in the United States.
The more research you do on the immigration process, the more you will learn about your specific situation and how we can help you navigate through the H-2B work visa process.
My Visa Source’s immigration lawyers dedicate themselves to your immigration case, providing legal representation tailored to your personal situation.
Our expertise focuses on immigration and visa programs for the United States and Canada, including global immigration.
Partnering with an award-winning immigration team greatly increases the likelihood of achieving your specific immigration or visa goals.
Begin Your Application for Your H-2B Visa Today!
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We have a dedicated team of licensed immigration professionals standing by, ready to answer your immigration and visa questions.
Immigration is a complex process that requires strong legal strategy, precise paperwork and perfect attention to detail, reducing the risk of wasted time, money or permanent rejection.
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