H-2B Visa | Non-Agricultural Workers

Serving San Antonio, Austin and McAllen, Texas

What is an H-2B Visa?

An H-2B “non-agricultural worker” visa is a non-immigrant visa that permits certain foreign nationals to work in the United States on a temporary or seasonal basis. It covers unskilled or job-trained workers in a variety of non-agricultural industries. H-2B visa holders must obtain valid job offers from their U.S. employers and secure a work authorization from the U.S. Labor Department. These visas remain valid for up to one year from their effective dates and confer several important benefits on their holders.

Benefits/Uses

Employers who import foreign nationals as employees under the terms of the H-2B visa must adhere to several requirements that benefit the visa’s holders. For starters, employers must pay prevailing U.S. wages for the work that H-2B visa holders perform. In addition, they must provide visa holders access to worker’s compensation benefits and adhere to all American labor laws. In addition, employers must provide housing for workers in areas with acute housing shortages.

Meanwhile, H-2B visa holders may bring their dependent children into the United States for the duration of their terms of employment. Qualifying spouses may also apply for entry using an H-4 visa. Workers may reapply for additional one-year H-2B visa terms. Finally, visa holders may enter and exit the United States without restriction. To learn if this type of visa is right for you, contact a H-2B visa lawyer.

Requirements/Qualifications

Prospective visa holders and their sponsoring employers must each adhere to certain requirements. First, employers must demonstrate that there is a labor shortage in their industry or geographical area. Further, they must obtain official certification of their intention to bring foreign nationals into the United States and extend formal job offers to all H-2B applicants. This can be accomplished by filing the I-129 form with U.S. Customs and Immigration Services.

Limitations/Drawbacks

H-2B visas have several key drawbacks. For starters, these credentials may only be renewed for two consecutive one-year terms. After these terms expire, visa holders must leave the United States and reapply for entry. In addition, the application process can be subject to delays. Since the U.S. government issues just 66,000 H-2B visas per year, the waiting list for this credential can be long. Also, all applicants must endure a mandatory 45-day processing period. A H-2B visa attorney at the Gutierrez Law Firm can give you a detailed explanation of the limitations of this type of visa.

How We Can Help

Every H-2B visa lawyer at the Gutierrez Law Firm is committed to helping his or her clients pursue their economic dreams in the United States. We have worked with visa applicants from dozens of countries and stand ready to assist our clients with the complex process of securing entry clearance into the United States.

Call our highly-trained H-2B visa attorneys at 210.225.7114 to schedule a free consultation.