Visas
H-2B visa
The Solution for Non-Agricultural Temporary Workers in the United States.
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Discover the H-2B visa
The H-2B visa is a temporary work visa program in the United States specifically designed for non-agricultural temporary workers.
This program allows employers in various sectors to hire foreign workers to meet seasonal labor needs when there is a shortage of available workforce in the country.
Benefits of the H-2B Visa
The H-2B visa offers a range of benefits for both employers and
non-agricultural temporary workers. Some key benefits include:
Work Legally in the U.S.
Legal employment and labor protection. As a temporary worker who obtains the H-2B visa you have the security of working legally in the United States and being protected by U.S. labor laws.
Temporary Work Visas
Temporary stay in the United States You will be able to reside and work in the U.S. during the approved period of employment, allowing you to earn money and gain work experience in a variety of industries.
H-2B Visa Renewal
Possibility of renewal In some cases, it is possible to renew your H-2B Visa and extend your temporary stay in the U.S. to work in subsequent seasons, provided you meet the applicable requirements.
Secure your job opportunity in the United States
While the requirements may vary depending on the employer and the specific regulations of the H-2B visa program, having a labor certification is essential to apply for this Visa.
Get guidance and assistance in your application process
Growth of the H-2B visa program
The H-2B visa program has experienced significant growth in recent years due to the demand for non-agricultural temporary workers in the United States.
According to the United States Department of Labor, thousands of H-2B visas are issued each fiscal year, demonstrating the importance of this program for various sectors in the country.
In the last fiscal year on record (2022), 131,356 applications were submitted, and the approval rate was 94.89%.
*Information extracted from travel.state.gov
Apply for your H-2B visa today
If you are a non-agricultural temporary worker and wish to have the opportunity to work legally in the United States, the H-2B Visa may be the right option for you.
Make sure to meet the established requirements and seek appropriate guidance to facilitate your application process. At Visa Franchise, we are ready to help you through the entire process. Our team of experts will provide you with personalized advice, guide you in gathering the necessary documents, and provide you with all the information you need to succeed in your H-2B Visa application.
H-2B visa requirements
In principle, to apply for the HB visa, the petitioner (employer) must demonstrate that:
There are not enough US workers who are trained, willing, available and qualified to perform the temporary work.
Hiring H-2B workers will not adversely affect the wages and working conditions of US workers employed in similar jobs.
The prospective worker’s need for services or work is temporary, regardless of whether the job functions can be described as permanent.
The employer’s need is considered temporary if it is:
Intermittent: occurs by seasons, streaks or peaks of activity.
Eventual: occurs in a single or sporadic event.
Short-term: it has a specific duration and the work will cease at the end of the process for which it was required. For example, summer positions at theme parks and seasonal hotels, as well as vacancies generated by replacements due to medical leave, among others.
You can read in detail the laws that as an employer must comply with here.
Likewise, the applicant (worker) must meet the following requirements:
Have a valid job offer in the US in an HB qualifying position.
Possess the training and skills necessary for the job you are applying for.
Not have a criminal record that prevents their entry into the United States.
Not represent a risk to the national security of that country.
Be in possession of a valid passport from your country of origin.
You can see the offer of temporary jobs in the official website of the United States Department of Labor.
How to apply for H-2B visa
Broadly speaking, the application process for the H-2B program is as follows:
DOL Temporary Employment Certification
Petitioner files an application for DOL Temporary Employment Certification for Foreign Labor.
Form I-129
The petitioner must file a Form I-129 with USCIS.
Filing petition for conditional resident card
Candidate workers outside the US must apply for the H-2B visa at a US embassy or consulate abroad and then apply for admission at a port of entry.
To the appointment they must bring a valid passport, a valid petition number (it is found in the job offer) and proof of payment of the visa application of US $190 .
Secure your SSN for work, but limited job mobility
After the process, if everything is approved, you will be assigned a Social Security Personal Identification Number (SSN), which will allow you to work and collect taxes in the country.
However, it is important to emphasize that the HB visa only allows you to work for the petitioner who applied for your visa, so you will not be able to change jobs once you are in the United States
Documents to consider
The US consulate will probably ask you to bring:
A printed copy of the DS-160 form that you completed online.
Notice from USCIS showing the I-129 approval.
Valid passport for you and each accompanying family member.
One passport-style photo of each applicant
If your spouse and children accompany you, documents showing the family relationship, such as birth and marriage certificates.
Documents establishing your intent to leave the United States when your H-2B status expires, such as copies of a deed to a house or an apartment lease, letters from an employer stating that your job will be waiting for you, and so onsuccessively.
And all approved projects should have been vetted by regional centers that ensure quality management practices across the board so that nothing is lost on this path ahead.
How much H-2B visa cost?
Fee for Form I-129
$460 *The filing fee for Form I-129 is $460* . This fee is non-refundable, so if USCIS rejects the application or the sponsor decides not to proceed with the process, the money cannot be recovered.
H-2B visa fee
+ $190On the other hand, the foreigner must pay a fee of $190 to apply for the H-2B visa once USCIS has approved the I-129 form.
*This information corresponds to September 2022
How likely is it that my H-2B visa application will be approved?
The HB visa has been in the spotlight lately, with a great deal of controversy over its effectiveness and usefulness. Still, each year thousands of foreign workers are admitted to the country to temporarily work in an HB position. According to the US Department of Labor, approximately 81,000 HB certificates were issued in 2017.
To apply for an HB visa, you must have an employer willing to apply on your behalf. In most cases, the petitioner will be the direct employer. However, in some cases the petitioner may be a contractor or subcontractor for the work. If you are the beneficiary of an HB visa, make sure you know the petitioner and make sure they meet all the legal requirements to apply.
Can you bring your family?
Any spouse or unmarried child under the age of 21 of an H-2B worker may apply for admission in the H-34 nonimmigrant classification. Family members are not eligible for employment in the United States while in H status.
How to extend H-2B visa
The HB visa has a maximum duration of three years, and can only be renewed if after those three years you leave the United States for three months.
The H-2B visa is granted for a period of one year, although it can be requested two extensions of up to one year each and re-issue an application for the same visa.
Of course, this visa is not the only option to work in the United States. Even if you meet the above requirements, there are other visas such as the J1 visa or the TN visa that may be of interest to you. However, to do so, you should directly consult an immigration lawyer to receive personalized advice
Start your journey towards employment in the United States
Information to keep in mind
Being a client of Visa Franchise requires having an advanced level of English and/or Spanish and/or, in limited cases, Mandarin.
Although Visa Franchise strives to meet all the needs and requests of its clients, opportunities for non-intermediate English speakers seeking full-time work are extremely limited due to a specific requirement from the franchisor(es) to conduct all franchise discovery and operational processes in English.
H-2B visa holder
Multiple professions are developed by the holders of an H-2B visa. Between them:
Avoid scam
Some employers will be able to help you with the H-2B visa application process, most likely if they regularly hire
employees from outside the US If your employer does not provide an attorney, consider hiring one.
The attorney can help you determine which visa category is best suited for your employment purposes and, if you
are applying for an H-2B, will help you not only prepare the paperwork, but also help you submit it early enough for
employers to visas for that year do not when they have already been exhausted when you apply.
How much does
a worker earn with
the H-2B visa ?*
The H2B are for non-agricultural workers, and according to the DOL the following figures are estimated:
Summary
If you are looking for a job in the United States and meet the H-2B visa requirements, this may be a good option for you. We hope we have clarified some of your doubts and we encourage you to continue investigating if this visa is the right one for you. Remember that if you decide to apply, it is best to do so with the help of an experienced immigration attorney. Good luck