The H-2B visa is a nonimmigrant visa that allows foreign nationals to enter the United States temporarily to perform non-agricultural work that is either seasonal, temporary, or a one-time occurrence. The program is designed to help employers fill temporary labor shortages when there are no available American workers who are able, willing, qualified, and available to perform the work.

H-2B visas are usually capped at 66,000 per year, with 33,000 available to those who start their jobs between October 1 and March 31 and the remaining 33,000 to those who begin between April 1 and September 30. In December 2022, a temporary final rule was published that increased the cap by up to 64,716 additional visas for all of 2023 to support U.S. businesses that might suffer harm without access to foreign talent.

If you are a U.S. employer seeking to temporarily expand or supplement your regular workforce, the H-2B visa is an ideal way to access as diverse a range of candidates as possible. This blog explains the H-2B application process in detail and how working with a Los Angeles immigration lawyer can facilitate it for you.

What Industries Use H-2B Workers?

The H-2B program is commonly used by employers in industries such as landscaping, hospitality, amusement parks, and construction, among others. These employers often experience seasonal peaks in demand for labor, and the H-2B program allows them to bring in foreign workers to meet those temporary needs. Families often use them to hire nannies to assist in taking care of pre-school age children. 

What are the Benefits of the H-2B Visa?

The H-2B visa provides several benefits for both U.S. employers and foreign workers, including:

• Access to Temporary Labour and Skills: The H-2B provides U.S. employers with access to temporary workers to fill temporary labor needs. This can help them meet demand during peak seasons and avoid disruption to business operations.
• Accommodates a One-Time Need: The H-2B program can be used to hire workers for one-time occurrences in addition to recurring seasonal work. This can be especially valuable for employers who need to quickly ramp up their workforce for a music festival or a couple who needs to hire a live-in nanny for their child.
• Access to Highly Skilled Workers: H-2B workers often have specialized skills and experience that make them valuable to employers. This can help businesses improve their productivity and quality of work.
• Enriching Work Experience: The H-2B program allows foreign workers to come to the United States and work in a different cultural environment, which can be a valuable experience for both the workers and the U.S. employers who hire them.

Overall, the H-2B program provides a valuable source of temporary labor for U.S. employers while offering foreign workers the opportunity to work legally in the U.S. and gain practical experience in a different cultural setting.

Can an H-2B Visa Lead to Permanent Residency?

The H-2B is a nonimmigrant visa, meaning that it is temporary and won’t lead to permanent residency or citizenship. However, an H-2B worker may be sponsored for permanent residency while working in the U.S. in H-2B status, but not by the same employer that he is working for. Further, he may find it more difficult to obtain an H-2B visa or admission to the U.S. as an H-2B worker if he has an application for permanent residency pending, even with another employer. 

The H-2B Visa Application Process Outlined

If you are an employer, the process starts by applying for a temporary labor certification from the U.S. or Guam DOL. To receive this certification, you’ll need to demonstrate that there are not enough qualified U.S. workers available to perform the temporary work.

After obtaining the temporary labor certification, you must file Form I-129, Petition for Nonimmigrant Worker, with USCIS (U.S. Citizenship and Immigration Services). This petition must include either the original temporary labor certification or if the application was processed in the FLAG system, a printed copy of the one-page final determination.

If USCIS approves your Form I-129, it issues a Notice of Approval. The worker must then either apply for an H-2B visa at their nearest U.S. consulate or embassy and then  seek admission as an H-2B worker with U.S. Customs and Border Protection at a port of entry. Canadians, however, do not need visas and my apply for admission directly at the border. If this is successful, the foreign national can enter the U.S. and begin working for the employer who sponsored their H-2B visa.

The process can take a number of months to complete, so it’s best to start the application process well before you need a temporary worker to join your team.

How Can a Los Angeles Immigration Lawyer Help With the H-2B Visa Process?

If you’re looking for temporary help from abroad, an immigration lawyer can assist you in several ways, including:

• Advising You on Eligibility: An immigration attorney can review your specific circumstances to determine whether you are eligible to hire H-2B workers. This includes reviewing the nature and proposed duration of the work. The lawyer can also confirm that the beneficiary’s country is among those eligible to participate in the H-2B program.
• Preparing and Filing the Application: An attorney can prepare and submit application forms and supporting documentation for the H-2B visa on your behalf. This can include the temporary labor certification, Form I-129, and any other required documents.
• Representing You in Any Legal Proceedings: If your H-2B visa application is denied or delayed, an immigration lawyer can represent you in any associated legal proceedings.
• Advising You on Compliance: A lawyer can advise you on the various compliance requirements associated with the H-2B visa, such as maintaining proper documentation and ensuring that you comply with all labor and immigration laws.

Overall, a Los Angeles immigration lawyer can provide valuable guidance and support throughout the H-2B visa process, which can be difficult and time-consuming. They can help you navigate the various requirements and procedures and ensure your application is accurate and complete.

Questions About Applying for an H-2B Visa? Speak to an Immigration Lawyer Today!

If you want to hire ski instructors for the winter season at your resort, landscapers to beautify your hotel during tourist season, or any other workers to meet a temporary need for your business, the H-2B visa can provide access to the talent you need.

 At the Immigration Law Office of Los Angeles, P.C., we can guide you through all the legal requirements and challenges involved in securing nonimmigrant visas for temporary employment. It’s essential to apply as early as possible, so as soon as you know that you’ll need additional help, please call (213) 375-4084 or contact us online.