As one of the only visa categories to authorize unskilled laborers to work in the United States, the H-2B Seasonal Work Visa is an ideal way for individuals who would not otherwise be able to enter the U.S. to do so. Not only does the H-2B Seasonal Work Visa benefit potential immigrants to the country, but it also extends invaluable resources to U.S employers who are in need of temporary workers during seasonal highs. The H-2B visa is meant for seasonal, non-agricultural work in the U.S.
H-2B visas are especially popular during the summer and winter months when recreational facilities, restaurants, and shops become flooded with vacationers, tourists, and the like. The influx felt at these times naturally requires businesses to take on more employees, and some positions are so abundant that they cannot be reasonably filled by U.S. employees alone. It is in situations such as these that the H-2B visa is particularly useful, because it allows U.S. employers to fill temporary positions with seasonal foreign workers. To execute the logistics of this type of visa, a New York immigration lawyer from Pozo Goldstien, LLP should be involved in the process as early on as possible.
The opportunities that are provided to both immigrants and native business owners alike make the H-2B visa one that is in high demand. Given the popularity of the visa, it can therefore be difficult to successfully sponsor a foreign worker through this process; that is, unless you have a legal professional on your side, guiding you throughout the process.
At the beginning of every fiscal year, October 1st, Congress declares a cap which is to be used as a limit for the number of H-2B visas that are made available to workers on an annual basis. The cap set by Congress is intended to tame the number of visas that can be reasonably issued in a given fiscal year, and it is determined pursuant to the particular non-immigrant classification.
The H-2B visa, which can be utilized from October 1st to September 30th of the fiscal year is usually capped at around 66,000 per year, and can only be utilized by nationals of countries that have been designated as acceptable according to the United States Secretary of Homeland Security. Accordingly, in order to qualify, the visa applicant must have a valid passport from his or her country, and the country must be on that has been pre-determined as eligible by the DOHS.
Applicants for the H-2B Seasonal Work Visa must have been offered a temporary or seasonal bid of employment from a U.S. employer, and the offer must be classified as a one-time occurrence need. Additionally, the potential employer involved in the process must also take responsibility for demonstrating that the position being filled by the foreign worker is one that could not otherwise be filled by a U.S. worker.
Individuals of a foreign descent who are officially permitted to work in the U.S. on a seasonal and temporary basis will benefit from certain entitlements during this time. Given the fact that H-2B visas are typically granted for an initial period of one year, the option for an extension is also available. Whether or not an extension is granted, however, will depend on the circumstances of the situation.
H-2B visa holders with spouses and children can also apply to have their families join them in the U.S. The H-4 derivative visa can be utilized on behalf of a spouse and / or unmarried child under the age of 21. Spouses and children who are permitted to enter the U.S. under these conditions will also be permitted to study during their stay in the country. They cannot, however, undertake any type of employment without first obtaining the appropriate corresponding work visa.
At Pozo Goldstein, LLP our group of New York business immigration lawyers has been working in the field for more than 90 years combined. Now, we are able to offer our clients with the insight that comes from working as former immigration prosecutors and a former judge. When you are looking for alternative ways to seek employment and / or immigration in the U.S., Pozo Goldstein, LLP can be relied upon for help. We recognize the importance of executing your legal process properly, and we will do everything on our end to ensure that you are successful in your endeavors.
Contact a New York City business immigration attorney at our firm for multi-lingual representation and support for your H-2B visa.
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