H2B Visa: Process, Requirements & FAQs

The H-2B non-immigrant visa category is for temporary non-agricultural workers. The H-2B visa enables foreign nationals to enter the US to perform a service or labour or to perform work of a temporary or seasonal nature. This visa, also known as US-work-visa or US-temporary-work-visa, consists of two parts – H-2A and H-2B. Generally, the H-2B visa is issued to applicants wishing to come to the US on a temporary basis to take up a job opportunity in an occupation that requires less than one year of employment in the US. It is important to note that the H-2B visa does not lead to permanent residency and must be extended for continued employment in the US.

H2B Visa Process & Requirements

To obtain an H2-B visa, you must first obtain a certification from the Department of Labour that states that the job opportunity you are seeking to fill cannot be filled with American workers. After obtaining the certification from the Department of Labour, you then need to apply for an H2-B visa from the USCIS (U.S. Citizenship and Immigration Services). To apply for an H2-B visa, you must submit the following documents:

• • Completed Form I-129 and the required filing fee.

• • Proof of valid passport.

• • Copy of contract or job offer.

• • Labour Condition Application (LCA) from the Department of Labour.

• • Evidence of education, experience, and/ or other qualifications.

• • Completed Form I-129 Supplement A.

After you have completed the H2B visa application process and have been approved for an H2B visa you may enter the U.S. with an I-94 Form. In most cases, the H2B visa will be granted for a duration of no more than one year, although extensions may be available. It is important to keep in mind that while travellers on the H2B visa must leave the US at the expiration of the visa, they may be able to re-enter the US the following year on another H2B visa, provided all of the requirements for the visa are met.

What is the H2B Cap?

The H2-B program has a limit of 66,000 visas that can be issued each year, with 33,000 visas available for people in the first half of the fiscal year and 33,000 visas available for people in the second half of the fiscal year. The H-2B cap for each fiscal year is set by statute at 66,000 visas annually. Unused visas from the first half of the fiscal year (FY) are available for use in the second half of the same year.

Advantages of an H2B visa

• • The H2-B visa enables an individual to work in the US for a period of no longer than one year, depending on the visa.

• • H-2B workers help address seasonal labour shortages, particularly in the fields of agriculture, resort and hospitality, and landscape.

• • The H2B visa is a flexible visa that enables a worker to travel to and from the US.

• • The H2B visa holder may bring his or her dependents (spouse and children under age 21) to the US to accompany him/her.

• • H2Bs may receive medical, dental, and travel benefits.

Disadvantages of an H2B visa

• • Unlike other work visas, H2B’s are limited to a maximum stay of one year.

• • The H2B is a non-immigrant visa and does not lead to permanent residency.

• • The H2B visa is subject to a cap, thereby limiting the number of workers that can enter the US on an H2B visa.

• • Finding employers willing to sponsor an employee for an H2B visa can be difficult.

• • The H2B visa process can be lengthy and can take up to several months to complete.

H2B Visa FAQs

Can I apply for an H2B visa if I am already in the US? Yes, you can apply for an H2B visa while you are already in the US, provided you are maintaining a different visa status.

How long is the H2B visa valid? The H2B visa is generally valid for up to one year. Extensions may be available in certain circumstances.

What is the H2B visa cap? The H2B visa has an annual cap of 66,000 visas per year.

Is the H2B visa a path to permanent residency? No, the H2B is a non-immigrant visa, it does not lead to permanent residency.

Conclusion

The H-2B visa is issued to foreign nationals wishing to take up a job opportunity of a temporary or seasonal nature in the US. While there are advantages to obtaining an H2B visa, there are also drawbacks such as the one-year limit and the cap on the number of H2B visas issued. It is important to consider all factors before deciding whether the H2B visa is the right choice for you.

The H2B visa can be a great opportunity for foreign nationals to come to the US and work in a profession that requires less than one year of employment in the US. Before submitting your application, please remember to review all the requirements and consider the costs and the time involved in obtaining an H2-B visa. Also, please ensure that you have obtained any necessary certification from the Department of Labor and submitted all the required documents. Good luck!