Extending The Work Duration for Non-Immigrants with H-1B, H-2A, and H-2B Visas

Employees that are currently working in the United States under the H-1B, H-2A, and H-2B visas can get extensions on their visas when their terms come to an end, but they are still looking to remain in country. The extension terms vary depending on the particular visa and personal circumstances. We are going to look at the process for extending the work duration for each of the visa types below. For more info on our network head over to our FAQs, our Partners, our Job Posting section and our mission.

H-1B

The H-1B visa is for people with specialized skills that have been acquired from qualified institutions and hold graduate degrees. They come with a maximum stay of three years yet can be extended for an additional three years if needed. There are some limited circumstances where they can be extended beyond the

six-year maximum. It is best to file for the renewal before the visa expires since you won’t be eligible once you’re out of status. A Form I-129 along with the H Supplement and supporting documents will have to be filed by the employer on the behalf of the employee. The employer will also be required to present a new labor condition application (LCA) since this is an extension stretching beyond the initial three-year period that was approved by the USCIS.

The applicant will also need to submit an I-94 Form. This is the Certificate of Arrival or Departure, and it has the applicants permitted stay and expiry date. People can apply beyond the six years if they have an approved green card and their status change is pending, and if a labor certification was filed on their behalf and hasn’t been denied by USCIS.

H-2A

This is a temporary agricultural worker program visa that brings non-immigrant workers into the U.S. it is valid for one year but employers can file for extensions of up to three years in one-year increments.

H-2B

This visa is for non-immigrants that can be skilled or unskilled, who are traveling to the U.S. for temporary jobs that aren’t in the agricultural sector. The H-2B visa is valid for one year after which the employer can extend it for up to three years, in one-year increments. There is an annual cap that has been adjusted often, and we strongly recommend checking the USCIS for updates before applying. https://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/cap-count-h-2b-nonimmigrants

The cap is allocated seasonally. Employers that aren’t experienced might want to seek legal advice from immigration lawyers or agencies so that they can successfully secure the extensions for their non-immigrant employees.

DISCLAIMER: The H2BJobboard.com is a resource for employers and job seekers. We are not immigration lawyers or government officials. Get your updated information from the USCIS before submitting any government documents.