The H2B Visa is a temporary visa allowing employers in America to recruit overseas workers if the need for the foreign employee is only temporary in nature. This visa is granted for a 1 year period and may be extended for additional periods of 1 year to a maximum of 3 years, although an extension is very rare and hard to obtain.

The process of obtaining a H2B Visa can be quite lengthy, as much of the procedure is based around the employer obtaining a labor certification. The petition filed by the employer may be for multiple workers for the same position.

Employer For a H2B Visa to be granted: The employer must first obtain a labour certification from the Department of Labour to establish there are no American workers who are able to fill the position of employment, and the employment of the foreign worker will not adversely affect the employment opportunities of American workers; The employer must prove to the USCIS the need for the position is temporary and the position itself is temporary; and The employer must petition the USCIS for the visa once the labour certification is granted.

Employee To qualify for a H2B Visa: The prospective employee must establish they have the right qualifications for the position (can be skilled or unskilled, such as seasonal work); and The prospective employee must prove they intend to leave the country once employment ceases.

In some instances, the labor certification can be bypassed by the employer if the USCIS accepts the visa application without the approval of the Department of Labor, although this is rare.

Once the temporary visa has been granted by the USCIS, the employer then forwards the approval documentation to the relevant American Embassy or Consulate abroad where the visa will be filed and issued to the beneficiary (or beneficiaries) allowing them to work in America.

Get started by filling in the US Immigration Questionnaire