H-2B Visa Offers Options For Temporary Workers
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:
- One-time occurrence
- A seasonal job that is recurring and tied to a specific season of the year
- Peak load need that supplements the efforts of permanent efforts
- Intermittent hiring need for a position that has not been filled by full-time or permanent workers
After the employer sends their temporary labor certification application 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.
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