H-2B work visa is a non-immigrant visa issued to the skilled and unskilled foreign nationals who wish to enter the United States to engage in non-agricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence. H-2B visas are offered mainly for the types of positions such as wait staff, housekeeping, food severs, retail sales, life guards, ski lift operators, golf course personnel, grounds keepers, and more.

Every year, nearly 66,000 H-2B visas are issued. Initially, it is granted for 1 year. Extension is possible in one year increments to a maximum of 3 years and each extension requires submitting a new Labor Certification.

In order to qualify for H-2B visa, you must

• have a valid temporary job offer from a U.S. employer to perform non-agricultural work

• submit the proof of an intent to return to your home country on expiration of the visa

Benefits of H-2B Working Visa:

With H-2B work visa,

• You are permitted to work legally in the United States for your sponsor;

• You are allowed to travel in and out of the United States until the visa expires;

• You may change jobs if you can show a new job offer;

• You may study on H-2B visa;

• Dependants (spouse and unmarried child) are permitted to accompany you on H-4 dependant visa. They are also permitted to study on H-4 visa; and

• You may apply for change of status on H-2B visa.

Limitation of H2B Work Visa:

• H-2B dependents are not permitted to work in the U.S.
• Requirement of labor certification, a time consuming process
• The job must be temporary in nature

Getting an H-2B visa is a two-step process. First, the U.S. employer has to file an application for temporary labor certification to the U.S. Department of Labor (DOL). The process of obtaining temporary certification is similar to, but less expensive and time consuming than permanent certification. After reviewing your application, DOL either issues a temporary labor certification or a notice that such a certification cannot be issued. Once the labor certification is approved, the U.S. employer can file the petition for a nonimmigrant worker with the USCIS.

The petition should be filed no more than six months before the assigned work begins. Along with the form, petitioner has to submit certain supporting documentation with the USCIS. Once the USCIS approves your petition, they forward the approval to a U.S. Consulate to have the visa stamped in the alien’s passport.

The H-2B visa application must include the following documents

• a valid passport;
• one passport size photograph;
• a valid temporary labor certification from the DOL indicating that qualified U.S. workers are not available and that employment of the alien will not adversely affect the wages of working conditions of similarly employed U.S. workers;
• evidence of ties to the home country; and
• copies of employment letters and/or training certificates, demonstrating that the alien met the minimum job requirements stated in the certification when the labor certificate application was submitted to DOL.