H-2B VISA

The H-2A Visa is a specific visa category designed for U.S. employers who needs the alien's skills. The temporariness of this need is the crucial element of the H-2B category. The occupational categories for which H-2B certifications are issued include agricultural and horticultural occupations. Many individuals unable to obtain an O or P Visa may apply for this visa. However, medical graduates are not allowed to apply for this visa. The visa is not self-petitioned, which means you will need an employer to sponsor you.

H-2A holders' spouses and unmarried children under the age of 21 are allowed to join them in the U.S. under the H-4 status. Dependents are not permitted to work, unless they personally qualify for a work visa.

Procedures

It is a three-step application process:

The first step is for the U.S. employer to apply for a Temporary Labor Certification from the U.S. Department of Labor (DOL). The employer must meet all requirements of the DOL, and the employer must also prove that there are no U.S. workers available for the proposed position.

At the second step, the employer must attempt to recruit eligible U.S. individuals for the proposed positions. Once this recruitment process is over, the DOL will send the employer labor certification. The employer can then petition INS for your H-2B Visa.

The third and final step occurs when after approval of this petition, foreign workers must take the petition approval notice to a U.S. consulate to apply for H-2B visa permitting their admission to the U.S.

Forms and Documents

An approved temporary labor certification.
Proof of alien's qualifications for the position.
A letter detailing the nature of the position from the prospective U.S. employer.
Proof of the temporary nature of the position. For example, family or other ties with your home country..
A letter from the U.S. employer explaining the nature of the temporary need for foreign workers.