H-2B Visa Work Permit

H2B Visa Work Permit

For Canadians Who Want To Work In The United States of America

An H-2B visa is a work permit available to applications interested in coming to the US for the purpose of temporary employment that is non-agricultural. These positions are for both unskilled and skilled workers.

There is a quota of 6,000 H-2B visa petitions for the fiscal year ending on September 30, 2000.

How To Find Out If You Qualify for an H-2B Visa?

It is required that the U.S. employer’s requirements for a foreign applicant must be for a “temporary” period of time. Typically, the employment is for a period of one year or less.

In most cases, the job offered is connected to a particular project that requires the services of a foreign employee and a job that can be completed within a temporary period of time.

Employment that involves a temporary project management, consulting positions, or training position is considered standard examples of H-2B jobs.

The most important aspect of qualifying for an H-2B visa is to prove to the INS that your prospective employment within US is only temporary or seasonal and is non-agricultural.

You will also be required to prove that you have a suitable background for the job that is offered.

H-2B status will only be valid for a maximum of three years.

Once this period expires, the foreign worker is no longer allowed to seek an extension or change status. Along with this, he or she cannot be readmitted to the US under the H and L nonimmigrant classification unless this person has resided and been physically present outside the country for the prior six months.

An H-2B visa is issued in one year increments with discretionary one year extensions to stay permissible to the total of three years.


Let Us Use Our Years Of Experience To Guide You To The Best Route

In our security-conscious world, the immigration process is becoming increasingly more challenging. Our job is to make sure you file the proper paperwork for the proper type of visa.

We can also help you assess your situation. This consultation will help you better understand your situation and how to best move forward in the future. As we only handle immigration law, all our resources are dedicated to giving your application the personal care it deserves.

Our Los Angeles office has a proven track record for handling US and Canadian immigration cases with success. Contact us to have all your questions answered.

Our US immigration lawyers are fully licensed and ready to help you right now.

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Applying For A Temporary Labor Certification

The Labor Certification is one of the most difficult aspects of the H-2B visa. To qualify, you have to satisfy to the US government that there are no qualified Americans who are able or willing to meet the needs of the position.

This often times involves filing an application to the Department of Labor and the INS. The Department of Labor will ensure that the employer has advertised the open position to US based workers.

Only in the case where the employer fails to find a qualified American worker will the temporary labor certification be approved.

H-2B Visa Petition

Once the Department of Labor approves the certification, the employer is required to file a I-129 Petition for Non-Immigrant Worker with an INS Service Center with the jurisdiction of the place that is applicant is employed at.

Once the INS has approved the Petition, the foreign worker can apply for the visa at a U.S Consulate in his or her home country.

If the foreign worker is already in the United States it may be possible for them to file in the U.S under certain conditions.