H-2B Visa

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.

On October 23, 2006, the USCIS clarified how it would be handling the “returning worker” exemption to the H-2B numerical limitation which was extended for Fiscal Year 2007 by H.R. 5122, section 1074. President Bush signed that legislation on Oct. 17, 2006. The USCIS noted that the one year exemption will remain in effect until September 30, 2007.

Under the general U.S. immigration rule, you must file an EXTENSION OF STAY application for a non-immigrant status (e.g., H-1B, O, L, etc.) BEFORE your original status expires. For example, if your H-1B status expires on November 29, 2006, then you must file your extension of stay application before November 29, 2006. What happens, however, if you fail to file your extension before your original status expires, or you otherwise fail to maintain the previously accorded status? Normally, this means that your extension of stay application will be DENIED. There is an exception however.

"Extension of Stay" refers to the process of extending a non-immigrant status, e.g., H-1B, L, O, etc. It really refers to the extension of the Form I-94, which states a foreign national's STATUS in the U.S. It should not be confused with extending a "visa".

On 10/17/06, President Bush signed a law (Section 1074 of H.R. 5122) which exempts individuals from the H-2B QUOTA for the 2007 fiscal year (October 1, 2006 to September 30, 2007) who obtained H-2B's in certain past years. Specifically, to be exempt, individuals must have obtained an H-2B in one of the following fiscal years: 2004, 2005, or 2006. Those individuals who are exempt under this provision may be able to obtain an H-2B extension which takes effect beginning October 1, 2006.