What is the H2B Visa?
The H2B Visa is a nonimmigrant visa that allows U.S. employers to hire foreign workers for temporary non-agricultural work. This can include jobs that are seasonal, intermittent, peak load, or one-time needs. Typical positions eligible for this visa include business trainers, performers, athletes, camp counselors, ski instructors, and home attendants for terminally ill patients.
H2B Visa Requirements
- Job Offer: You must have a temporary job offer from a U.S. employer for a non-agricultural position.
- Labor Shortage Proof: The employer must prove there are not enough U.S. workers willing or able to fill the position.
- Country Eligibility: You must be a citizen of a country eligible for the H2B Visa Program.
- Temporary Job Nature: The job must be seasonal, intermittent, peak-load, or a one-time need.
- Home Ties: You must show strong ties to your home country to ensure you will return after your visa expires.
H2B Visa Application Process
- Job Posting: Employer posts recruitment adverts in the U.S.
- Labor Certification: Employer applies for temporary labor certification from the local state workforce agency (SWA).
- USCIS Petition: Employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS after receiving labor certification.
- Visa Application: If you are outside the U.S., complete Form DS-160 and undergo consular processing, including a visa interview.
- Visa Issuance: If approved, you can enter the U.S. and begin work.
Required Documents for H2B Visa
- Form DS-160 confirmation page
- Form I-129 approval page
- Valid passport
- Passport-size photographs
- Proof of ties to your home country
- Additional documents for dependents (if applicable):
- Valid passport
- Passport-size photographs
- Birth certificates for children
- Marriage certificate for spouse
H2B Visa Fees
- Form I-129 filing fee: $460
- Form DS-160 filing fee: $160
- Form I-129 Premium Processing Fee: $1,500 (optional)
H2B Visa Processing Time
Processing times can vary, but employers can expedite the process by using premium processing, which guarantees a decision on the I-129 petition within 15 days. The overall process involves several steps, each dependent on the completion of the previous step.
H2B Visa Validity
The H2B visa is typically valid for one year and can be extended in one-year increments for a maximum of three years. Extensions are granted in "extraordinary circumstances." After three years, you must leave the U.S. for at least three consecutive months before reapplying.
Applying for a Green Card
The H2B visa does not directly allow for applying for a green card. To apply for permanent residency, you must change your status to a visa category that permits adjustment to permanent residence.
Traveling with Dependents
Your spouse and children under 21 can accompany you to the U.S. under H4 status. They can travel with you or join you later but cannot enter the U.S. before you or stay after you leave. H4 dependents cannot work in the U.S.
How Can Sari Law Firm Help?
At Sari Law Firm, our immigration attorneys can assist you throughout the H2B visa application process. Our services include:
- Reviewing your job offer to assess eligibility
- Assisting your sponsor in obtaining Temporary Labor Certification
- Checking your supporting documentation
- Liaising with your U.S.-based sponsor
- Monitoring the progress and status of your application
Contact Us
If you have any questions or need assistance with your H2B visa application, please contact Sari Law Firm. Our expert immigration lawyers are ready to help you navigate the process.