H2B Visa for Seasonal workers or trainers

The H2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. temporarily and engage in nonagricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence.

 

• Who is eligible

• How to Apply

• Documents Required

• Duration of Visa

• Benefits of H2B Visa

• Limitations in B1 Visa

Who is eligible

To qualify for H-2B visa,

Have a valid job offer from a U.S. employer to perform temporary or seasonal nonagricultural work.

Show proof of an intent to return to your home country on expiration of the visa .

The H2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. temporarily and engage in nonagricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence.

This visa is also used for entertainers going on a tour, for film workers or professional minor league players .

• Foreign athletes, trainers or artists with a job offer from a U.S. employer
• Skilled workers in crafts and trades who are able to perform tasks for which no U.S. workers are available
• U.S. companies hiring foreign nationals to perform temporary work for which no U.S. workers are available

 

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How to Apply

You cannot apply for an H-2B visa as an individual. A U.S. employer must sponsor you for an H-2B visa.

1.Applying for Temporary Labor Certification

The certification is designed to ensure that the admission of foreigners to work in this country on a temporary basis will not adversely affect the job opportunities, wages, or working conditions of U.S. workers.

The U.S. employer must file the Labor Certification at the appropriate State Workforce Agency (SWA) at least 45 days before the day on which workers are needed. In emergency situations, the SWA may waive the time period specified, provided the SWA has an opportunity to obtain sufficient labor market information on an expedited basis in order to make a determination of U.S. worker availability.

The Labor Certification application may be filed using any of the following methods:

• Filed in person with the appropriate regional administrator and local SWA .
• Mailed to the appropriate regional administrator and local office of the SWA by certified mail, return receipt requested .
• Delivered by guaranteed commercial delivery to the appropriate regional administrator and local office of the SWA .

 

The H-2B certification is valid for up to 364 days. As temporary or seasonal non-agricultural employment, the work is performed at certain seasons of the year or for a limited time period of less than one year when the employer can show that the need for the foreign worker is truly temporary .

2.Filing the H-2B Petition

An H-2B temporary worker visa petition is filed on U.S. Citizenship and Immigration Services (USCIS) Form I-129, along with the Form I-129H supplement and the approved Labor Certification from the U.S. Department of Labor. Your H-2B temporary worker visa petition must include:

• A valid temporary non-agricultural labor certification, or U.S. workers do not appear at the work site, a copy of the Department of Labor's denial of a certification and appeal, and evidence that qualified domestic labor is unavailable .
• Copies of evidence that each foreign worker named in the petition meets the minimum job requirements stated in the certification

3.Applying for the H-2B Visa at a U.S. Consulate

To apply for the H-2B visa, you must furnish the original or copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). Your visa application must include the following documents:

DOS Form DS-156, Nonimmigrant Visa Application .

DOS Form DS-157, Supplemental Nonimmigrant Visa Application, for all male applicants between the ages of 16 and 45 .

A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page .

Two identical color photographs showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member .

Proof that you meet the minimum job requirements stated in the labor certification application .

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Documents Required for H2B Visa    

To qualify for H-2B visa, you must:

Have a valid job offer from a U.S. employer to perform temporary or seasonal nonagricultural work .

Show proof of an intent to return to your home country on expiration of the visa.

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Duration of H2B Visa

The H-2B Labor Certification application is valid for the period of employment indicated on the Form ETA-750A. However, the validity period may not exceed one year. You may stay for two more years with two one year increments. With initial one year and two one year extensions you can stay for three years on this visa.

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Benefits of H2B Visa

On H2B visas you may:

Enter the U.S. for a temporary work and enjoy all employee benefits .

Get your dependents to stay with you in the U.S.

Travel freely in and out of the U.S. on H-2B visa .

Change jobs if you can show a new job offer.

 

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Limitations

H-2B certification is issued to the employer, not the worker, not transferable from one employer to another or from one worker to another. Certification is issued only for a specific job opportunity, for a specific number of workers, and for a specific employment period.

The limitations of H-2B visa are:

• The job must be temporary in nature and the need is for one year or less. The employer's need may not be ongoing or continuous .
• The employer has the burden of establishing the facts necessary to support a finding that the need is a one-time occurrence, seasonal, peak load or intermittent need .
• H-2B time counts whether you are in the U.S. or abroad .
• H-2B dependents may not work in the U.S.

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