The H-2B visa allows foreign workers to temporarily work in the US, but only if their employer can prove no qualified US citizens or residents are available. The visa can cover seasonal or occasional work and can be valid for up to one year, with possible extensions. Workers cannot apply for the visa themselves, and their family members can join them in the US but cannot work.
The H-2B visa is a document issued by the United States government that allows workers from other countries to work temporarily in the United States. The work that can be done on an H-2B visa varies in scope, but it doesn’t have to be agricultural in nature. Temporary farm workers can enter the United States on the H-2A visa. In general, a worker can only receive an H-2B visa if his or her employer can demonstrate that there were no other qualified US citizens or residents willing to do the job. At the end of the temporary work period, the foreign worker must leave the United States.
Workers cannot apply for the H-2B visa themselves. Instead, an employer must apply for the visa on behalf of the worker, by filing Form I-129, Petition for Nonimmigrant Worker to the United States Bureau of Citizenship and Immigration (USBCIS). The employer must be able to demonstrate that it has attempted to hire people who are already eligible for employment in the United States. This can be done by receiving certification through a state employment agency that the employer has made good faith efforts to hire local workers. When considering an employer’s application for a temporary work visa, the USBCIS will want to see evidence that the worker has a family, home, or career to return to in their home country. This is because the US government does not want immigrants to be unduly tempted to extend their visa.
The types of work that may be covered by an H-2B visa may be seasonal, services performed in a one-off event, or reflect an employer’s occasional or regular need for additional workers. For example, resorts that offer winter sports such as skiing and snowboarding may require additional skilled workers during the winter months. Therefore, they could apply for an H-2B visa for a number of foreign workers who have a lot of experience working in ski resorts.
An H-2B visa can be valid for up to one year, although immigration officials have the right to limit how long the visa is valid. Extensions can be made to a temporary work visa, which can allow a worker to stay in the United States for up to three years, although this may require interaction with immigration officials and documentation as to why it is extension is needed. Workers who receive an H-2B visa may be able to obtain an H-4 visa for their spouse and minor children so that these family members can join them in the United States. However, an H-4 visa does not allow a worker’s child or spouse to maintain employment in the United States.
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