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The H-2B visa program (also known as the guest worker program) allows U.S. employers to bring foreign employees to the United States to perform non-agricultural work, such as housekeeping, landscaping, construction, and forestry.
Below, we answer five of the most frequently asked questions about the H-2B visa program.
How Does an Employer Establish the Need for H-2B Employees?
The petitioning employer must prove that the need for H-2B employees is temporary and is intermittent, seasonal, or peak.
To establish the temporary need for H-2B employees, the employer can submit narrative explanations or documents like lists of projects, timeframes, and contracts.
What Requirements Must an H-2B Employer Meet?
An H-2B employer has to satisfy some requirements:
- Be a genuine business, such as an organized business partnership, corporation, or company of limited liability (LLC);
- Have an authentic requirement for the services of H-2B employees;
- Prove that the job is temporary or seasonal;
- Prove that employing H-2B employees will not affect regular U.S. employees’ working conditions and wages;
- Filing a temporary foreign non-agricultural labor certificate with the Labor department;
- An H-2B application was filed with the USCIS (U.S. Citizenship and Immigration Services).
What is the Maximum Allowable Length of an H-2B visa?
An H-2B visa is valid for one year only.
However, an H-2B employer can apply to extend an H-2B employee’s stay at the end of a year. Again, the extended period can only be for one year.
The employer can only request two one-year extensions for the employee. In other words, the longest H-2B stay is three years.
Can an Employer File an Application For Many H-2B Employees at Once?
When filing a non-agricultural labor certificate with the Department of Labor, an employer does not need to name all the temporary foreign employees they wish to hire.
They can apply for multiple H-2B employees at once only if all the employees are to perform the same type of job, in the same occupation, and with terms and conditions.
What are the Benefits of the H-2B Visa Program?
Benefits to Employers
The H-2B visa program benefits employers in the following ways:
- Employers have a solution to peak labor, temporary, or seasonal shortage;
- Employers do not have to hire permanent employees to meet temporary needs;
- Employers can use the program to fill positions created by unforeseen events or vacated suddenly.
Benefits to Employees
- H-2B employees can live and work in the U.S. and enjoy all the benefits afforded to U.S. employees;
- Employees can travel in and out of the U.S. while on an H-2B visa;
- Employees can bring dependants (spouse and minor children) to live in the U.S.;
- The minor children can attend a public school in the U.S. tuition-free;
- Employees do not need specific educational backgrounds to qualify for an H-2B visa. They only need to meet the employer’s minimum qualifications.
- Employees can apply for permanent residency under the same employer.
Apply for an H-2B Visa Today
We hope to have answered your most pressing questions about the H-2B visa program. Get in touch with the experts to ensure you successfully complete your H-2B visa application today.
