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Visa H-2B

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Visa H-2B

If you need to hire staff, temporarily, to work in your restaurant, hotel or in your business and workers in the United States are scarce, you can opt for the H-2B visa.
This visa will allow you to legally hire the necessary foreign workers for a period of less than 9 months and thus meet the needs of your business. The H-2B Visa is a Temporary Non-Agricultural Workers Visa.

The H-2B visa is a visa that allows you to hire Temporary Non-Agricultural Workers for a specified period of time, to meet the needs of your business that have increased due to your activity, season, event, or special situation.

A series of prerequisites must be met before workers can be brought in or have their H-2B visa renewed so that they can legally provide their services in the United States.

Here are some of the requirements.

1. You will need to submit a temporary labor certification application to DOL and obtain PWD: Prevailing Wage Determinations.

2. Take the necessary steps to show that there are not enough applicants in the United States: you will need a recruitment report.

3. Submit the Form and requirements to USCIS.

4. Show that the need for labor is temporary: it coincides with a time of year, workers will not be part of your regular operation, among others.

5. This visa applies to potential employees inside or outside the United States. (Requirements vary depending on where the prospective employee is).

6. H-2B eligible country list: includes Mexico, Central America, and some countries in South America, Europe, Africa, and Asia.

7. H-2B Cap: There is a maximum number of visas that can be granted. We recommend you get advice before starting the process and do it before the cap is reached; otherwise, you will not be able to obtain it (with some exceptions).


Practice Areas

Check your Visa Eligibility
Marriage Green Card through Consular ProcessFor married couples where the foreign-born spouse lives abroad
Marriage Green Card: Adjustment of StatusFor married couples in the U.S.
K-1 Fiancé VisaFor unmarried couples where the foreign-born spouse lives abroad
Removal of ConditionsFor those with expiring 2-year green cards
IR-2 Child VisaFor U.S. citizens with children outside of the U.S.
B1/B2 Tourist VisaFor individuals looking to travel to the U.S.
IR-5 Parent VisaFor U.S. citizens with foreign-born parents
U.S. Citizenship (Naturalization)For green card holders ready to become U.S. citizens
I-90 Green Card Renewal or ReplacementFor current green card holders
H-1B VisaFor foreign professionals who want to work in the U.S.
EB-5 VisaFor investors who want to immigrate to the U.S.
E-2 VisaFor foreign investors to start a U.S. business
L-1 VisaFor multinational companies that want to transfer employees to the U.S.
O-1 VisaFor companies that want to bring extraordinary foreign talent to the U.S.
R-1 VisaFor religious workers who need a temporary U.S. visa
TN VisaFor citizens of Mexico and Canada who work in certain professions
F-1 Student VisaFor foreign students who want to study in the U.S.
NaturalizationFor permanent residents ready to become U.S. citizens
Adjustment of StatusFor immigrants looking to adjust their status
Denials & DelaysHelp with delays or denials in the immigration process
Derivative CitizenshipFor foreign-born children with a U.S. parent
Deportation DefenseLegal assistance and protection against deportation
DACAFor certain people who entered the U.S. unlawfully as children
AsylumFor individuals and families seeking asylum
U-VisaFor crime victims who are in fear of deportation
T-VisaFor victims of human trafficking
Affirmative Deferred Action
EB-5For investors and employers wanting to move to the U.S.
E-2 VisaFor investors and employers wanting to move to the U.S.

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