H2B Visa (Temporary Non-Agricultural Workers)

The H2B Visa Program allows you to work in a variety of fields in the United States. However, to qualify as a temporary job position, it must be any of the following:

• Seasonal need: These are jobs that are needed during a specific season. These types of jobs are recurring, usually annually. However, the job duration cannot change and mustn’t be during the vacation period of permanent U.S. workers.
• Intermittent need: These are jobs without sufficient full-time workers. Hence, the employer needs temporary part-time workers to assist.
• Peak-load need: These are open job positions during very busy times, and an employer needs additional workers.
• One-time need: These are jobs that last for a very short period and just for a one-time period.

For the H2B visa application, you’ll have to pay the following fees:

• Form I-129 filing fee: $460
• Form DS-160 filing fee: $160
• Form I-129 Premium Processing Fee: $1,500

Typically, employers cover the cost of the Form I-129 application. Also, they are to pay the premium processing fee if they are using the service.

Other fees may also apply, such as the Visa Issuance Fee if your application is approved. However, this will depend on your home country.

In general, your H2B Visa sponsor can file the petition 60 days before the employment start date, but no more than 120 days.

However, you may not get the visa the same year you apply for it due to the high application volume. H2B visa processing involves consecutive steps such that each step is dependent on the completion of the previous step.

If your employer wants an expedited process, they can use the premium processing service and receive a decision on the I-129 petition within 15 days. This service will cost an additional $1,500.

For premium processing, they have to file Form I-907. However, you cannot apply for premium processing if the annual visa cap has been met. Therefore, it’s important to confirm beforehand.

Unlike other service fees, the USCIS can refund the premium processing fee if they cannot complete the processing within 15 days.

The H2B visa is usually valid for one year, and the expiry date will be in the Form I-129 and also on your visa. You have the option of extending your maximum stay in one-year increments for a maximum total of three years.

H2B visa extension is only applicable in “extraordinary circumstances”. Extraordinary circumstances imply factors not normally incident to or foreseeable during an administrative proceeding.

Your employer must also extend the Labor Certification or apply for a new one every time you apply to extend your stay. Following the completion of the 3 years stay, you must depart the United States.

If you still have an H2B job offer in the U.S., you can reapply for the visa after spending three consecutive months outside the U.S.

It is also possible for your employment offer to be terminated before the end date of your period of stay. In such a situation, you must notify USCIS, after which you’ll have to depart the U.S.

Although you can work with an H2B visa, you cannot directly apply for a green card. The only way to apply for a green card is if you change your status to a visa that allows adjustment of status to permanent residence. While in the U.S., on H2B status, you can come across other job offers. A new U.S. employer may offer you a job and sponsor a new Form I-129 in a visa category that allows green card application.

With the H2B visa, your spouse and children under the age of 21 can accompany you to the United States. They’ll have to apply for the H4 visa. With the H4 visa, they can travel with you to the U.S. or join you later.

However, they cannot enter the U.S. before you or stay after you leave. Also, your dependents cannot work in the U.S. under the H4 visa. Some exceptions to work are available for H4 dependents of H1 visas, but there’s none for H2B dependents.

The only way to work is if they change their visa status to a different one which can be difficult unless the job offer falls under the H2 visa class as well. Your family can seek an extension of their H4 visa if the USCIS approves your H2B visa application.

The H2B Visa is valid only for temporary workers looking to be hired by a US business who hire migrant workers. In other words, if you wish to seek continuous and permanent employment in the U.S., this is not the right visa for your situation.

Establishing what jobs and services fall into the legal categories of “intermittent need” or “seasonal need” may not be easy. Every year, several applicants have their petitions rejected because they fail to submit evidence of their case.

For this reason, it is advisable to seek legal guidance. At IAS, our immigration attorneys are ready to offer their best immigration advice to help you enter the U.S. for a temporary job.

If you are a U.S. company and you wish to employ foreign workers, we can guide you through this process as well.

Our bespoke H2B Visa Program service includes:

• Review your job offer or contract to assess your role’s eligibility;
• Help your H2B Visa sponsor obtain a Temporary Labor Certification;
• Check your supporting documentation;
• Liaise with your U.S.-based sponsor;
• Check the progress and status of your application depending on the annual cap.

To get in touch with one of our immigration lawyers, call us on +1 844 290 6312 or use our online contact form.