The H-2B nonimmigrant visa is available for foreign workers who come to the U.S. to perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent.There is a quota of 66,000 foreign worker per year for this type of visa. The quota often runs out before the year is complete. However, in recent years there has been special legislation which has permitted workers in H-2B status to extend their stay by exempting them from the quota.
In order to obtain an H-2B, it is necessary H-2B certification from the Labor Department, i.e., to prove that there are no U.S. workers available to fill the particular job. The H-2B certification is similar to a "Labor Certification" for a green card, but generally faster.
The Labor Department notes: "The certification is issued to the employer, not the worker, and is not transferable from one employer to another or from one worker to another."
The Key Qualifying Criteria, according to the Labor Department, are as follows:
- The job and the employer's need must be one time, seasonal, peak load or intermittent;
- the job must be for less than one year; and
- there must be no qualified and willing U.S. workers available for the job.
how to apply the H-2B visa
Hi..
can a chinese apply for the H-2B visa?
i have beening working in singapore for 6 years and obtain Singapore permanent resident. can i apply for the H-2B visa. if can, where to apply? and how to apply? Thks
There is no nationality requirement for H-2B visas.
There is no nationality requirement for H-2B visas. One can apply regardless of one's nationality or citizenship.
You may wish to contact Antao & Chuang, Attorneys at Law.
can a h2b visa holder can
can a h2b visa holder can have his own bussines in the usa.?
Working for one's own business requires work authorization
If one is actively working for one's business, then that is considered labor, and it requires proper work authorization.