If the H-2B Visa Work Permit is for You, We can Help

The H-2B Visa is a popular US Work Visa option for both skilled and non-skilled foreign workers who are looking for short term work in the States.   US employers that are unable to fill a position for a non-agricultural job that lasts one year or less, like seasonal work or for a project, can petition to hire a foreign worker.

There is a lot of competition for the H-2B Visa due to the quota restriction of 66,000 H-2B petitions during a fiscal year.  If any aspect of your application is incomplete or incorrect, it may be delayed or denied, allowing another applicant with a proper application package to take your place.

To make sure that all your “t”s are crossed and all your “i”s are dotted, you should seek the assistance of an immigration law firm that is aware of all the challenges and details of your case.  Niren & Associates has over 14 years experience providing professional immigration services that help foreign individuals successfully enter the US for temporary work.

Contact our Edmonton immigration law office for a no-obligation, honest assessment

Just wanted to say thank you again to everyone for all their hard work. Your professional approach and attitude throughout this long process will always be remembered. – Robert P.

H-2B Visa Qualifications

The most essential aspect of qualifying for an H-2B visa is to show the INS that your prospective employment in the U.S. is temporary or seasonal and is nonagricultural. You also require a suitable background for the job that is offered.

The U.S. employer’s need for a foreign worker must be “temporary” in the sense that the employment should be for one year or less. In most cases, the job offered is tied to a specific project that requires the services of a foreign employee and that can be completed within a finite time period. Employment involving temporary project management and consulting positions and training positions are typical examples of H-2B jobs.

Temporary Labour Certification

Perhaps the most challenging aspect of the H-2B Visa process is what is known as Labor Certification. Basically, to qualify for an H-2B visa, you must satisfy the U.S government that there are no qualified Americans willing or able to hold the position offered by the U.S. employer.

This involves filing applications to the Department of Labor (DOL) and to the INS. The DOL will require that the U.S. employer advertise for the position to American workers. Only where the employer fails in finding a qualified U.S. worker from its advertising efforts, will the temporary labor certification be approved and only then it will be possible for a successful H-2B application.

H-2B Visa Petition

Once the DOL approves the labour certification, the U.S employer is required to file an I-129 Petition for Non-Immigrant Worker with an INS Service Center with the jurisdiction over the place of employment. After 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 he or she may file in the U.S under certain conditions.

Let Our Edmonton Immigration Lawyers Expertly Guide You Through the Process

There is a lot more to a successful H-2B Visa case than filling out an application.  A series of important steps need to unfold before your application can even be submitted, and every step needs to be handled properly.

Our immigration attorneys will help prepare:

  • you on how to convince the INS that your prospective employment in the U.S. is temporary
  • you to satisfy the U.S. government that there are no qualified Americans willing or able to hold the position
  • your application package and submit it to the proper location