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H-2B Visa for Temporary Nonagricultural Workers: Who Qualifies?

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H-2B Visa for Temporary Nonagricultural Workers: Who Qualifies?

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H-2B Visa for Temporary Nonagricultural Workers: Who Qualifies?

The H-2B program allows employers to hire non-immigrants to work temporarily in the United States. According to the USCIS, the congress has set the H-2B cap at 66,000 per fiscal year. Once you seek legal immigration help you’ll be able to submit your application with ease. Lawyers can help you locate mandatory documents and comply with the requirements of the job offer.

To qualify, you must be from an eligible country. While countries such as Andorra, Australia, Barbados, Kenya, Brazil, Canada, and Croatia are eligible, others such as Iraq, Qatar, Iran, and Afghanistan are not. Also, foreign nationals that have been convicted for felonies or jailed for more than five years are ineligible.

The following groups of people qualify for the H-2B nonimmigrant visa program:

Food Manufacturers

With so many workers required to fill positions in the food supply chain in the United States, foreign nationals that provide such services have an opportunity to immigrate here temporarily. When applying for a job as a food manufacturer, you must prove that you are admissible as per the provisions of the Department Of Labor.

Once you seek the services of visa attorneys in Los Angeles, we can help you to meet the requirements. You will get approval at the embassy if you have the Application for Non-immigrant Visa (DS-160), a copy of the Notice of Approval of H-2B Petition, and a valid Passport.

Expatriates

Skilled workers must adhere to the foreign labor certification requirements. As an expatriate, a lawyer for non-immigrants can help you to file an application for a job that meets your career goals. Your position is only available temporarily to avoid affecting the employment opportunities and working conditions of the American employees.

You need a valid passport for travel to the United States and the H-2B Non Agricultural Visa Application Form. Also, you need copies of your academic credentials to prove that you qualify.

Truck Drivers

With the US trucking industry looking to address the 60,000 truck driver deficit, replace the aging drivers, and hire more women, most companies are looking to hire drivers abroad. If you are a competent truck driver, you are only eligible if there is a shortage of US workers that can do the work.

The employer’s need for your services must be temporary (six-nine months), and your contract is renewable after expiry. You need to be at least 21 years old and in possession of a Commercial Driver’s License (CDL), and a passport.

Restaurant Workers

Since most United States restaurants seek to address the shortages in their workforce, they opt to outsource for labor overseas. However, the employment ought to be temporary such as a one-time occurrence or a seasonal need. In this case, the employer will file a petition on your behalf and all you need is to meet the requirements of the job offer.

We will assist you to adhere to every requirement so that the American consulate or embassy can approve your application. You need the DS-156 form to apply for the Non-immigrant Visa. If you have held the H-2B nonimmigrant status for 3 years, you must depart the United States for 3 months before seeking readmission.

Mall Workers

If you want to work in the United States as a temporary mall employee, you need the proper paperwork so that you can pay taxes and social security contributions during your 3-year stay.  The first step entails submitting a temporary labor certification petition to the Department Of Labor. After approval, you submit the Form I-129 to USCIS. Then, you apply for the H-2B visa with the U.S. Department of State at your U.S. Embassy or Consulate abroad.

Entertainers

H-2B visas are also meant for entertainers that cannot meet the criteria for the conventional visas. The H-2B visas enable these entertainers to come to the U.S. temporarily for specific bookings.

If you have already been considered for a job in the United States to provide special services in the music or film industry, you are eligible for the H-2B visa. A competent lawyer will guide you during the immigration process. If you have a valid passport and a letter of offer, you can file the Form I-129 to USCIS. Then, seek admission to the U.S with Customs and Border Protection (CBP) at the port of entry.

Casual Laborers

Most American companies seek the services of casual workers from various fields to fill an array of temporary, contracted positions. With the help of a lawyer for H visa specialty workers the casual workers can sail through the difficult application process.

The H-2B visa suits landscapers, groundskeepers, maids and house cleaners, amusement and recreation attendants, forest and other conservation workers, and waiters or waitresses.

Other jobs that meet the criteria include home attendants for terminally ill patients, and athletes. The prospective workers need to visit the US embassy in their respective countries and submit the following documents.

  • DS-156 for the application of the Non-immigrant Visa
  • DS-157 for male applicants between the ages of 16 and 45
  • A valid passport
  • Passport-size photographs
  • Notice of approval or Form I-129
  • Proof that you’ll be leave as your H-2B visa expires
  • Filing fees

Consult The Experts

The H-2B visa application process can be lengthy and hectic, so you need to plan well to avoid frustration. To file a successful application, you must understand the necessary requirements. A lawyer will not only help you get through this, but will also protect you from fraud.

Considering that lawyers receive the job offers from American employers that are looking to hire workers overseas, they can help you with the paperwork so that you get approval. Attorneys can provide legal advice for obtaining a temporary work permit to avoid being crowded out as an illegal employee.

Are you looking to relocate to the United States to offer your services on a temporary basis? Contact us today. Our immigration lawyer in Los Angeles will help you to file a successful application.