The nonimmigrant visa allowing U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.
The advantage of this visa is that foreign workers may use all the benefits provided for all American employees.
The applicant should take into consideration:
- The applicant must have an equal work experience in the country of origin in sector where he (she) submitting in the U.S.
- In contrast to the applicants forH-1B visa, the applicant for H-2B visa must demonstrate nonimmigrant intentions.
- The employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work; show that the employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
- There is a statutory numerical limit, or “cap,” on the total number of individuals who may receive H-2B nonimmigrant classification during a fiscal year. Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap.
- The maximum period of stay in H-2A classification is 3 years. A person who has held H-2A nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant.
- An H-2A worker’s spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.