Obtaining H2-B employment visas

On Behalf of | Dec 31, 2020 | Visas

Coming to the United States and living out the American dream is a goal that many people have, but one they think is difficult to achieve. With constantly shifting employment immigration laws and Congressional updates and changes to the United States’ visa programs, it can be difficult to determine what visa may be best for a potential immigrant.

H-2B Visas for temporary employment

The H-2B visa, under the United States Fair Labor Standards Act, is for employers hiring foreign, temporary workers on a seasonal, peak-load, or intermittent basis. If you are an employer looking for H-2B workers, there are three main things that you should prove:

  • Employment conditions need to be the same or substantially similar to those of U.S. workers similarly employed in the area of intended employment.
  • The position being offered to the worker is a “bona fide full-time temporary position” with the same or substantially similar qualifications required by non-H-2B employers in similar occupations.
  • Definitively affirm that the work is temporary (specifying dates for need), why it is necessary, and the number of H-2B employee visas required.

The H-2B certification will be issued to the employer, rather than the worker and is not transferable from one employer to another or one worker to another. The H2B visa worker is essential to our complex economy. Helping employers find the right employees to staff their business is a key function of immigrant employment law firms.