If you are considering working temporarily in the United States in non-agricultural field, this article is for you. During 2012 there were 165 million non-immigrant admissions to the United States and 82,921 of these admissions were Non-agricultural Visas (H-2B). The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary non-agricultural jobs.
In order to get the H-2B visa the employer must submit temporary labor certification to the U.S. Department of Labor and after receiving a temporary labor certification for H-2B employment, the employer should file the I-129 Form. After that the prospective worker should apply for an H-2B Visa.
The maximum period of stay in H-2B classification is 3 years. After this period of time the person must depart and remain outside the U.S. at least 3 months before seeking readmission as an H-2B non-immigrant.
It is important to know that any H-2B worker’s spouse or unmarried children under 21 years of age may apply for a H-4 non-immigrant classification but they are not eligible for employment in the United States while in H-4 status. If you need legal help for your immigration case, don’t hesitate to come to Legal Bistro and let a qualified lawyer handle your case.