Common Questions About the H2B Visa Program

 

What is the H2B visa?

 

This is a non-immigrant visa that permits people from outside of America, otherwise known as foreign nationals, to work on a temporary basis in the U.S. Primarily used for hospitality, landscaping, and retail roles, it has also been used for entertainers and athletes. The defining factor which determines an employer’s need for the H2B program is whether or not the need is for a one-time occurrence, a seasonal need, a peak load need, or an intermittent need.

 

 

What is a ‘one-time occurrence’?

 

This means that the employer will only need temporary non-immigrant workers once. It is a one-time occurrence since the employees won’t be needed in the future.

 

 

What is a ‘seasonal need’?

 

This is where an employer needs additional staff at a particular time or season of the year, every year. The need for labor during these periods is predictable and not subject to change, and it isn’t considered seasonal if the permanent employees are on vacation.

 

 

What is a ‘peak-load need’?

 

This is the period where the permanent staff needs to be supplemented for a temporary period. This means that the temporary employees won’t become permanent staff or a part of the regular operation.

 

 

What is an ‘intermittent need’?

 

This is where an employer occasionally needs to employ temporary workers to work for short spans.

 

 

What role is played by an employer in establishing ‘temporary need’ for H-2B workers?

 

The employer should show that the non-immigrant workers are needed for a one time, seasonal, peak, or intermittent job, showing the projects, timeframes, and contracts, among other things.

 

 

Is an H-2B visa issued only for temporary jobs?

 

It doesn’t matter if the job is temporary or not. What matters is whether the employers need is temporary, even in the event that the job is permanent in nature.

 

 

What privileges come with H2B visas?

 

  • Entry into the U.S. for temporary work
  • The same employee benefits that permanent staff receive
  • Dependents can come along
  • Free travel in and out of the U.S.
  • If you get a new job offer, you can change jobs

 

 

What are the limitations of the H-2B visa?

 

  • The employers need must be temporary
  • The employer has to prove that the job need is either a one-time occurrence, seasonal, peak load, or intermittent need
  • The H-2B clock ticks whether one is in or out of the U.S.
  • The H-2B dependents can’t work in the U.S.

 

 

What are the requirements for the H-2B visa employer?

 

The requirements are:

  • Employers must have a temporary need for workers, one year in length or less
  • They need to apply for temporary foreign nonagricultural labor certification. See the USCIS for more information
  • Must be an individual proprietorship, a partnership or a corporation
  • Can use the services of an authorized agent such as an attorney, to file the application

 

 

What are the requirements for H-2B visa holder?

 

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

  • Have a valid job offer from a U.S. employer for temporary work that isn’t agriculturally based
  • Show proof of an intent to return to their home country once the visa expires

 

 

How long can I stay in the U.S. on H2B visa?

 

The H-2B visa is valid for a period of one year after which it can be extended for three years in one-year increments.

 

Can I stay longer than a year on the H-2B visa?

 

Yes, under the ‘extraordinary circumstances’ provision one can extend their stay for three years in one-year increments.

 

 

Can I change status on an H-2B visa?

 

Yes, when changing the job or employer, the new employer is required to file Form I-129 at the USCIS. Remember that the H-2B certification is given to the employer and not the worker. This means that it can’t be transferred between multiple employers. Each employer has to apply for theirs.

 

 

Can I study on H-2B visa?

 

Yes, as long as it isn’t a full-length program that won’t affect the primary interest of the visa.

 

 

Can I bring my dependents on H-2B visa?

 

Yes, spouses and unmarried children below the age of 21 can come with you on an H-4 visa as long as your H-2B status is valid.

 

Can dependents work on H-4 visa?

 

No, they cannot work on the H-4 dependent visa, they need an appropriate work visa.

 

 

Can dependents study on H-4 visa?

 

Yes, they can study on H-4 visa without the need for a student visa.

 

 

Are there any travel restrictions on H-2B visa?

 

There are no travel restrictions on the H-2B visa, and there is no limit to stays outside the country.

 

DISCLAIMER: This information was collected from the USCIS at the time of writing. The H2BJobboard.com is not affiliated with the government or a legal practice, and this information does not constitute legal advice. Please check USCIS for update information regularly, as it is often updated.