Are H-2B visas still available?

ALERT: As of April 1, 2022, USCIS is no longer accepting cap-subject petitions with start dates on or before March 31, 2022, under the FY 2022 H-2B supplemental visa temporary final rule.

What is the H-2B program?

The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peakload need or intermittent need.

Are H-2B guest workers paid the same as US workers?

Are H-2B guestworkers paid the same as U.S. workers? Incredibly, migrant workers in the H-2B and H-2A (for jobs in agriculture) visa programs on average earn approximately the same wages as undocumented workers. 22 That means H-2B guestworkers earn no wage premium for having a “legal” immigration status.

How do you get H-2B workers?

To qualify for an H-2B visa, your employer must meet the following requirements:

  1. The employer must have a need which is seasonal, one-time, intermittent, or peak load.
  2. The job time-frame must be for less than one year.
  3. There must be no qualified and willing U.S. workers available for the job.

Can a H-2B worker apply for green card?

Although your H-2B visa allows you to work in the United States, neither this visa nor the job that underlies it will allow you to gain U.S. permanent residence (commonly referred to as a “green card”).

What is the difference between H-2A and H-2B?

Overview. H-2A visas can be issued to seasonal agricultural workers to fill temporary agricultural jobs for which U.S. workers are not available. H-2B visas are issued to unskilled workers to perform a job which is temporary or seasonal in nature and for which there is a shortage of U.S. workers.

How long does the H-2B process take?

between 60 days to 120 days
H2B Visa Processing Time Visas are typically processed between 60 days to 120 days. Applicants submitting on 1st January are given visas so that they can start working in the US from June.

Can I get married on a H-2B visa?

Can I Marry A US Citizen on A Tourist Visa? The short answer is: yes, you can get married in the US while on a B-1/B-2 tourist visa or on a visa waiver program.

How long can H-2B workers stay?

three years
The H-2B classification allows for a maximum stay of three years. A person who has held H-2B nonimmigrant status for a total of three years must leave the United States for three months before applying for readmission as an H-2B nonimmigrant.

How can I get US green card?

Apply for a Green Card If you are eligible, file Form I-485 – Application to Register Permanent Residence or Adjust Status with USCIS, including all supporting documents and fees. USCIS will review your application and schedule an interview with you. Once issued, your Green Card will be valid for 10 years.

How can I get a green card through employment?

Green Card through Job Offer To get a Green Card through a job offer, employers must complete and file Form I-140, Petition for Alien Worker, for the person they are interested in hiring.

Can a H-2A worker apply for green card?

Many employment-based visas allow a path for temporary visa holders to become lawful permanent residents by obtaining a green card. Even though H-2A and H-2B visas are temporary in nature, there are ways for these workers to obtain green cards.

What is the H-2B program for temporary non agricultural workers?

H-2B Temporary Non-Agricultural Workers The H-2B program allows 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.

What is the H-2B program?

The H-2B program allows 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.

Do employers need H-2B temporary workers this summer?

During recent engagement with American businesses that rely on the H-2B program during the summer months, employers expressed an immediate need for supplemental, temporary guest workers for this fiscal year. Businesses across the country, despite attempts at recruitment and hiring of U.S. workers, report critical vacancies.

What is the new H-2B rule for 2021?

H-2B Temporary Non-Agricultural Workers ALERT: On May 25, 2021, the Department of Homeland Security and the Department of Labor published a temporary final rule increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 22,000 additional visas through the end of fiscal year 2021.