H-2B visas exist to allow U.S. employers who meet specific requirements to employ foreign nationals within the country. According to the U.S. Citizenship and Immigration Services, these can only be temporary positions in nonagricultural jobs.

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H-2B visas are a popular way for foreign nationals to live and work legally in the United States, but there are several important steps that both employers and prospective employees must follow. In spite of these requirements, the United States Bureau of Consular Affairs claims that the country issues approximately 50,000 of these visas each year.

If you wish to employ foreign nationals or you are hoping to live and work legally in the United States, contact the O’Brien Law Group. A Louisville deportation lawyer can evaluate your situation and determine if you may be eligible for an H-2B visa. Call us today at 502-400-7890 to schedule an appointment.

In the meantime, read on to learn about H-2B visa qualifications:

H-2B Classification in the United States

According to USCIS, in order for a petitioner to employ foreign workers under the H-2B visa program, he or she must first establish several facts. These include:

  • There are not enough U.S. citizens who can do the temporary work.
  • The employment of foreign nationals will not have a negative impact on the working conditions or wages of U.S. citizens.
  • The job in question is temporary. Under the immigration law, temporary either means it is a one-time occurrence or fulfills a seasonal need. If it is a temporary seasonal position, the petitioner must prove that the job relates to a season of the year due to a pattern or event, or is of a recurring nature.
  • There is a peakload need. Under this condition, the employer must show that there is a permanent U.S. workforce that regularly works at the organization and that temporary deployments of foreign staff will not become part of a regular operation.
  • There is an intermittent need for these workers, in which case the petitioner must show that he or she has not employed permanent workers to perform services.

H-2B Visa Cap

The USCIS places a numerical cap on the number of individuals who may receive an H-2B visa annually. Each year, there are approximately 66,000 visas available. There are 33,000 available in the first half of the year and 33,000 available in the second half.

Once the USCIS reaches the cap, it will only accept petitions for H-2B employees who have an exemption from the cap. There are several factors that contribute to a cap exemption, including H-2B workers extending their stay or H-2B workers changing employer or employment terms.

H-2B visas are a popular way to enter and work in the United States, but the terms and conditions of them are not always easy to understand. At the O’Brien Law Group, we can help you navigate through immigration or deportation matters. Call us today at 502-400-7890, and a Louisville immigration attorney will meet with you to discuss your specific case..

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