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Created to help employers fill temporary positions, the H-2B program is designed for nonagricultural jobs. For an employer to utilize the H-2B program, they must be unable to fill their temporary positions with U.S. workers. A position must meet one of these requirements:
After the employer sends their H-2B application for temporary labor certification to the US Department of Labor, they must also file Form I-129 with USCIS.
The duration of the H-2B classification varies, depending on the time limit listed on the temporary labor certification. The maximum stay duration is three (3) years. Before re-entering the United States on an H-2B visa, an individual who has spent three (3) years with H-2B classification must stay out of the United States for at least three (3) months before reapplying.
If your company needs temporary workers or you have accepted a temporary position in the United States, contact us to help you begin the H-2B process.
Attorney Magdalena Cuprys is a seasoned immigration lawyer based in Orlando and Coral Gables, Florida. With three languages under her belt and years of legal experience working with immigrants of all kinds, she brings considerable experience and insight to the field and works hard to explain immigration concepts, empower future citizens, and keep current and prospective immigrants up to date on US immigration law.
Connect with her firm, Serving Immigrants, to stay updated on the latest developments in United States immigration law and gain valuable insights needed to navigate the challenging legal landscape of immigration in Florida.
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