If you are an immigrant or foreign worker, working in the U.S. can create legal issues that can impact your chances for visa extensions. Even worse, not completing the visa process properly can mean the revocation of your work permits, which can create a series of stressful problems for you and your family to deal with.

You know that you have the skills needed for the job, but perhaps your current immigration status is preventing you from achieving your professional goals…

“I see it as a way to advance my career in an exciting/innovative/challenging company/sector…”.

“I feel that my skills could be a great fit for this job because…”.

“I feel I have the knowledge (or other particular skill) to succeed in this position because…”.

“I am very excited about this opportunity…”

Obtaining the right visa can open doors to new opportunities.

That is why it is extremely important to understand how to navigate the visa application process and to know which visas to apply for in order to obtain legal entry to the country so that you can work according to government regulations with a major goal in mind: new opportunities.

What are the H-2B Visas?

In the H-2B Visa program, U.S. employers have the option to hire foreign workers for temporary or permanent work not related to agricultural activities.

For this visa, the employer must fill out the forms for the nonimmigrant worker petition, or form I-129, on the worker’s behalf, which would give the worker the “H-B2 nonimmigrant classification.”

Who Can Qualify for This Type of Visa?

The applicant must meet a certain series of requirements to be eligible for this type of immigration visa. To do so, he/she must:

• Demonstrate that within the country there are not enough qualified, willing, or available Americans to perform the work for which the worker is to be hired.
• Demonstrate that this hire is a one-time need, specifically that this request is only made for a unique scenario that will not be occurring again in the future.
• Prove that the position is a seasonal job, i.e. a job that is only required at a specific time of the year.
• Prove that it is a peak load request, meaning this employee’s help is required to meet the seasonal or current demand and will not be part of the permanent work team.

Which Countries are Eligible For This Type of Visa?

Each year, the Secretary of Homeland Security and the Secretary of State select a group of countries that are eligible for the H-2A and H-2B visa programs.

This list is published in the Federal Register, which can be accessed publicly so that both employers and prospective employees are aware of this information and the options they may have when applying for a position within the country.

For more information on immigration guidelines and legislation, visit the federal government’s departmental website, The U.S. Citizenship and Immigration Services, so that you can stay up-to-date on all of the changes the department might make.

How Long Can I Stay in the United States on an H-2B Visa?

This type of visa is generally granted for the period indicated on the employment certification at the time of application. However, it may be extended for annual periods depending on the needs of the employer. However, a new temporary employment certification must accompany this application for the process to begin.

The maximum period granted in the H-2B classification is 3 years, however those who are granted this type of stay must leave the country within the established period and remain outside the territory for 3 uninterrupted months before reapplying for entry.

Can These Types of Visas Be Extended to Family Members?

Yes, H-2B visas grant the employee who has been petitioned by a company in the United States the ability to obtain admission for spouses or unmarried children under 21 years of age to remain in the country. However, they will not have work authorization.

Is there a limit on federal allocations for H-2B visas?

There is a regulatory maximum number of persons allowed in the country for this visa category. In other words, the U.S. Congress establishes a cap of 66,000 per fiscal year, 33,000 of which are for workers who must begin their activities in the first half of the fiscal year (October 1 to March 31) and 33,000 for workers who begin their activities in the second half of the fiscal year (April 1 to September 30).

For the current year, the H-2B visa has reached its maximum entry limit. This comes in spite of the fact that the Biden-Harris administration wrote an open letter that declared the acceptance of additional petitions to those initially stipulated in order to provide greater opportunities for workers from the Northern Triangle countries, namely El Salvador, Guatemala, and Honduras.

With all these complexities that come with obtaining visas and the legal immigration process, the U.S. federal government is already implementing many more initiatives that will allow immigrants and foreign workers more substantial advantages when seeking employment opportunities, such as:

• Proposing a new U.S. citizenship law: The U.S. Citizenship Act of 2021
• Halting deportations of hundreds of immigrants
• Strengthening the DACA program
• Increasing quotas for migrant families
• Changing border procedures
• Increasing in work visas

So if you are looking for new opportunities for you and your entire family, do not hesitate to contact us; at Castan & Lecca we are ready to become your greatest allies, and we pledge to not only listen to your case but also keep you updated on all the changes in immigration legislation. When you choose Castan & Lecca, we stay by your side throughout the entire process and ensure that you get the best solutions possible for your immigration issues.