Working on an H2B Visa

The H2B Visa is a temporary work visa given to foreign workers so they can work in the United States within a specified period of time for seasonal and fun jobs. Seasonal jobs could be working at a pool, at beach resorts, at theme parks or at a ski resort during the winter.

Common H2B Visa Professions:

  • Hospitality workers
  • Hotels / Motels
  • Chefs
  • Resorts and Theme Parks
  • Ticket Sales, Cruise ships
  • Construction workers
  • Maintenance
  • Janitorial
  • Ski Resorts
  • Landscaping
  • Golf Courses
  • Water parks
  • Security
  • Ride Operators
  • Restaurants and bars
  • Retail Stores
  • Warehouses

H2B Visa Qualifications:

To qualify for an H2B Visa one must meet all of the following: the employee must have a job offer from a United States employer to perform what is considered a temporary job, the employee must meet the minimum requirements for the job that the employer has offered the worker, the United States employer must then file the H2B application with the United States Immigration Bureau and the employee must intend to return to their home country when the job is completed and the visa expires. An H2B Visa is only available to non-immigrant workers in that are not working in the agriculture field and is only available for work that is temporary such as a recurring seasonal need for employees, an intermittent need for employees, a peak load need and a one-time occurrence. The length of the H2B Visa lasts for as long as the job needs to be performed but for no longer than one year at a time. In some instances, the employer can extend the duration of the H2B Visa for at most three years in certain situations or circumstances.

If an employer is looking to hire a temporary worker that is at the time of applying for work out of the country, they must apply for the visa with a United States consulate.

Required to Apply for H2B:

  • Job offer from a US employer
  • DS-156, Application for Nonimmigrant Visa
  • DS-157 (if male between the ages of 16 and 45)
  • The necessary filing fees
  • Copy of Notice of Approval of H-2B Petition
  • Passport
  • One passport-style photo
  • Evidence of ties to the home country (family, property, current occupation, etc.)

Foreigners that are coming to work in the United States must realize that having a visa does not guarantee entry into the country, no matter what. When the foreign worker is arriving to the country at their port of entry they can be denied access to the country by the officer at the port of entry. Also, at the port of entry the officer there will hand the foreign worker a piece of paper that documents how long they are legally allowed to stay in the country. The piece of paper is called the I-94, or the Record of Arrival-Departure. The officer at the port of entry also determines how long the foreign worker will remain in the country.

If you need more information, consult with an Immigration Attorney, they will be able to walk you through the entire process and answer all your questions.

Talk to an Immigration attorney.
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