The United States Citizen and Immigration Services (USCIS) has authorisation to issue 66,000 H-2B visas each year, with allowances to increase this if given approval from select government departments. This visa offers the opportunity to temporarily live and work in the US, but it also involves expensive application costs for you and your employer.
Read this blog to discover more about the benefits and costs of the H-2B visa, and how law firms like Total Law can help you to ensure that your application is successful.
What is the H-2B Visa?
With an H-2B visa, temporary workers outside of the agricultural sector can come to the US to work for a US employer or agent that meets the requirements. It is intended for those who will perform one-time, intermittent, or seasonal work.
Before you can apply for the visa, you must be offered a temporary job by a US employer. They will then need to file Form I-129 (Petition for a Nonimmigrant Worker). You may submit your application once approval has been granted.
Gaining Experience with an H-2B Visa
Temporarily living in a foreign country can be a transformative experience. The H-2B visa allows you to do this in the US while being paid and gaining valuable industry experience. A vast number of temporary roles are eligible. Examples include, but are not limited to, the following:
- Bartenders.
- Construction workers.
- Forest and conservation workers.
- Packagers.
- Waiters and waitresses.
For your desired role will be eligible, it needs to fit within one of four categories. Firstly, the role can be needed during a specific season, recurring annually. It cannot be during the vacation period of the firm’s US-based staff. Next, it could have an intermittent need, meaning that a temporary boost in demand for the role goes beyond what is available on the domestic labour market. The role could also fulfill a peak-load need, the busy times when an employer needs additional workers. Finally, the role could be to fulfill a one-time need.
Protection Under US Labour Laws
While working in your temporary role in the US on an H-2B visa, you will also benefit from laws designed to protect workers from exploitation, discrimination, and mistreatment. Firstly, the visa requires your employer to pay at least the prevailing wage for your role and industry and to maintain specified conditions. The same is the case for Occupational Safety and Health Administration (OSHA) standards. You will also be protected by US equal rights legislation to ensure you aren’t singled out for your demographic characteristics.
If you believe your US workplace is failing to uphold these standards, workers on the H-2B visa have access to enforcement agencies. For example, you can lodge a complaint at the Department of Labor’s Wage and Hour Division (WHD) if you think you are being paid less than the prevailing wage. Likewise, you will be protected from retaliation and harassment from your employer and coworkers if you decide to report such violations.
An Extension May Be Possible
Although this visa is intended for short-term work, it may allow you to remain in the US for a significant period. Once your initial eligibility period runs out, you can extend the visa for up to a year. This may be done until you have spent a maximum of three years in the USA, after which you must return home for at least three months before reapplying for the H-2B visa.
A renewal will usually require you to still be working in the same role with the same employer. To show this, your employer will need to submit a new Form I-129 petition, and you will need to apply for a new Temporary Labor Certification.
This is a Non-Immigrant Visa
It is important to note that the H-2B visa is a non-immigrant visa. Immigrant visas allow you to come to the US with the intention of permanently moving to the country. The expectation with the H-2 B visa is that you will return to your home country when your validity period ends. While the H2B visa can be useful for gauging if the US is the right country for you to move to on a permanent basis, you will need to seek an immigrant visa if you have already made this decision.
Similarly, not all temporary work is eligible for an H-2B visa. Primarily, this applies to agricultural workers, who need to get an H-2A visa instead.
H-2B Visa Costs
There are two main costs associated with the H-2B visa. Firstly, there is the Form I-129 application cost, which can cover multiple workers simultaneously. This is usually paid by the employer. The fee is $540 for small employers and nonprofits and $1,080 for standard businesses if the workers are named for the H-2B visa.
Employers can also pay extra if they need your Form I-129 to be processed faster, so that you can enter their workplace sooner. The standard fee for this express service is $2,805.
You will also need to pay an application fee in order for your visa to be processed. The standard fee is $205, and you will usually be expected to cover this. The same fee applies to H-2A applicants.
How Can Total Law Help?
The H-2B visa comes with superb benefits, granting you the opportunity to temporarily move to the US and gain experience in the world’s biggest economy, all while earning money. Yet, it also comes with substantial financial costs for both yourself and your prospective employer. These costs are usually not refunded if your application is unsuccessful.
To avoid having you or your employer having to pay fees multiple times, it is important to ensure that your application is successful on your first attempt. For that reason, it is common to get help from immigration law professionals, such as our team at Total Law. We can help you understand if the role and employer will be eligible, help them to successfully submit the Form I-129 application, and help you to submit your visa application. We will then maintain close contact with US immigration authorities to keep you updated on the progress of your application.
To get help from Total Law, call us today or visit our website to learn more about our US visa services.
