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H-2B Visa

H-2B Visa-The H-2B visa is a non-immigrant visa category in the United States designed for temporary non-agricultural workers. This visa allows U.S. employers to hire foreign nationals to fill temporary and seasonal jobs for which there is a shortage of U.S. workers. The employment can be seasonal, Intermittent , peak load or one time. Seasonal employment refers to a form of temporary work that is accessible during specific times of the year. Intermittent employment involves hiring workers periodically for short-term tasks. Peak load employment entails bringing on additional staff, in addition to permanent employees, to cope with increased supply and demand. One-time employment is a temporary work arrangement that is open to temporary workers for a single occurrence. In this scenario, the employer has not employed temporary workers in the past and does not plan to do so in the future.

Here are key features of the H-2B visa:

Temporary or Seasonal Employment: The H-2B visa is specifically for non-agricultural temporary or seasonal jobs. Examples include positions in hospitality, landscaping, construction, and other industries with seasonal demands.

Employer Sponsorship: U.S. employer or agent must petition for H-2B visas on behalf of foreign workers. Employers and agents must demonstrate that there is a temporary need for additional workers and that no qualified U.S. workers are available for the positions.

Duration: The H-2B visa is typically granted for the duration of the employer’s approved temporary need, up to a maximum period of one year. Extensions may be possible, but the total period generally cannot exceed three years.

Numerical Cap: There is a statutory limit (cap) on the total number of H-2B visas that can be issued in a fiscal year. The cap is divided into two halves, with allocations for the first half and second half of the fiscal year.

Family Members: Any H-2B worker’s spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.