The H2-B visa was provided for those immigrants who want to find temporary or seasonal job in the U.S.
Employers of different fields invite people with good skills from all over the world. They seek for specialists of different areas like restaurants, bars, water parks, ski resorts, cruise ships, ticket sales, chefs and many others. In general, H2-B visa is durable from 6 months to one year (because it is considered temporary work).
Though, in some cases, the employer may prolong this visa up to three years.
The H2B visa was provided for the employers of foreign non-professionals who are not working in the agricultural field and for temporary work only.
It includes:
- intermittent need;
- peak-load need;
- one-time occurrence
- seasonal need
Who may qualify for H-2B?
Requirements for the petitioners, who want to qualify for H-2B nonimmigrant classification:
- Establish that there are not enough workers in the U.S. who are qualified and available to do the temporary work.
- Bringing H-2B workers will not influence working conditions in the same fields for U.S. workers.
- A petitioner claiming must show that this job is temporary (either one-time occasion or seasonal)
In case it is a peakload need a petitioner should establish that temporary workers will not become part of regular operation. Also, to prove it is an intermittent need, a petitioner must show that he has not permanent workers who could perform job for certain short period.
Despite of the legality of the process, this visa does not guarantee entry to the United States. As a rule, at the port of entry, officials issue Form I-94, Record of Arrival-Departure. They determine the period for temporary work visa, and have authority to deny admission. The requests about visa extension are issued by the USCIS solely.
