Temporary Non-Agricultural Workers Visa – Non-immigrant visa: H-2B

Non-immigrant visa, H-2B is a non-agricultural visa program by the US to allow foreign workers temporary entry in the country. Under the visa, people from other countries can have seasonal jobs in the country’s non-agricultural sectors. Interested foreign nationals can obtain H-2B when US employers hire them for non-agricultural jobs for a temporary period of time. The employers also have to meet a few requirements to apply for the visa program.

US employers can start with Form I-129, which an employer can fill on behalf of workers from other countries. Right now, H-2B cap allows 66,000 visas per fiscal year. As per USCIS rules on H-2B, employers who hire foreign national under the non-agricultural visa program must pay prevailing US wages to the hired individuals.

The foreign nationals are given compensation benefits that US workers get under the American labor laws. Plus, it is the responsibility of an employer to arrange housing facilities for the hired workers.

Requirements For H-2B Visa

  • US employers can act as petitioners and file for H-2B visas on behalf of potential foreign nationals.
  • It is necessary for applicants to prove that they did not find workers in the US for certain seasonal jobs. They can also apply for the non-immigrant visas for the non-agricultural seasonal jobs that US workers are not willing to do.
  • Petitioners must prove that the hiring is a temporary process and the foreign nationals hired for the job will return to their places once the work is done.
  • Employers have to fill I-129 form with US Customs and Immigration Services on behalf of foreign nationals.

Get In Touch With Experienced Immigration Attorney

In addition to paperwork, there are certain requirements that petitioners must meet while applying for a H-2B visa. Hiring a H-2B visa lawyer can assist you in following all the USCIS regulations. We have an experienced immigration law team who can provide you with the guidance to fill the visa application and other necessary paperwork in the proper/required manner and eliminate possible errors.