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).