H-2B Visa: Temporary Non-Agricultural Worker
Assistance for Immigrants in Dallas and Nationwide
Employers can bring in temporary or seasonal non-agricultural workers under this visa if the employer can demonstrate the need[1]. H-2B visa holders are authorized to stay in the U.S. for the period of employment up to a year, with up to 3 years maximum including extensions. Currently, citizens of 84 different countries can qualify.
Who Qualifies for the H-2B Visa?
According to the U.S. Department of Citizenship & Immigration Services (USCIS), in order to qualify for this nonimmigrant classification, a petitioner must be able to show proof of the following:
- The U.S. doesn’t have enough domestic employees who are able, willing, and available to do this type of work;
- Giving this temporary job to a non-citizen would not have a negative effect on similarly employed U.S. workers;
- The employer’s need is only temporary. Temporary can mean: one-time occurrence, seasonal need, peakload need, or intermittent need.
Process for Getting an H-2B Visa
According to USCIS, there are three main steps petitioners must follow to apply for this type of temporary visa.
- Submit temporary labor certification to the Department of Labor
- Submit Form I-129 to USCIS
- Apply for a visa and/or admission (for those applying outside of the U.S.)
What About Returning Workers?
Every year, there is a cap on the amount of visas USCIS will issue. As of December 2015, anyone who qualifies as a returning worker is exempt from this cap. In order to qualify as a returning worker, the employee must have previously been counted against the cap on visas for fiscal years 2013, 2014, or 2015.
For more information on how our Dallas immigration lawyers at Akula & Associates can help you file for an H-2B visa, call (844) 299-5003 today.
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"This is the best immigration law firm in Dallas"This is the best immigration law firm in Dallas in my opinion. Ms. Kate Brady provided awesome and prompt service in my case. She is very knowledgeable and experienced in the field and her expertise gave me immense confidence!! I will recommend this firm to everyone looking for immigration services :)- Vega B.
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"Highly recommended!"We are a small business with 20 employees and reached out to Akula & Associates for immigration help, Kavitha Akula, Toki Olowo and their staff have been extremely helpful. They always give very clear instructions for our cases, and yes, we have multiple cases with them and several of which are approved. The staff is very responsive on either email or over the phone; I am grateful that they are around to provide excellent and professional service. Highly recommended!- Sheri
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The attorneys and paralegals and their assistants at Akula Law in Dallas handled my immigration case for the US efficiently, with care and with attentive responses to questions. Katrina was our lawyer for the remaining few months of our case, originally started by Daniele. Also with Erika and Christie helping us, and despite COVID-19 I finally arrived in the US in June and we couldn’t be happier. Thank you all!
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