As a business owner, you are constantly confronted with challenges that require quick solutions. And to ensure success and business survival, you must be ready to adjust to these hurdles.
That said, one of the biggest challenges for businesses is responding to temporary surges in demand for goods and services. That’s because you must think about where to get temporary labor to meet the demand. And this is not always available locally. For most companies, the most viable solution is to look beyond the US borders.
Now, if you are considering hiring temporary foreign workers for your construction, retail, hospitality, cleaning, or landscaping business, you need to familiarize yourself with the H2B visa program. So, what is the H2B work visa? More importantly, how do I file for one?
What Is the H2B Visa?
The H2B is a non-immigrant visa program that allows non-agricultural employees from specific countries to enter the US for work. This visa is usually temporary, with the length of time a worker can stay in the country based on the employer’s reason/ use for the worker. That said, the visa has a limit of up to three years, with the possibility of extending by a year for a maximum of three years.
Now, an H2B visa holder is allowed to have their spouse and children (if under 21 years) join them for the duration of the stay. But they cannot apply for permanent residency.
How Does the H2B Visa Work?
The H2B visa application process is usually initiated by the employer, who may be a sole proprietorship, corporation, or any public or private company. To be eligible, the employer who files the visa on behalf of the employee must prove that:
- They have a temporary need for extra employees, and they are unable to find suitable candidates to fill the roles locally.
- Their decision to hire abroad will not adversely affect the wages or working conditions of employees in similar roles within the country.
- The need for foreign workers is only temporary due to seasonal/ peak demand.
To show that you meet these three key conditions, you need to produce a Department of Labor Temporary Labor Certification. On top of this, you must take it upon yourself to provide the workers with the following:
- Transportation from their residence if the worker has to travel far and cannot return within the same day.
- Three meals a day (deductible from wages) or cooking facilities.
- Fair hourly wages (equal to wages paid to US workers).
H2B Visa Application Process
The application process is pretty detailed but can be summarized into the following steps:
- DOL Temporary Labor Certification application.
- Form I-129, along with the original Temporary Labor Certification, submission to USCIS.
- DS-160 application by the foreign employee for admission into the country.
Get an Experienced Legal Team to Help You Navigate the Process
Sourcing for temporary skilled workers beyond the US border might be the best solution to address your current labor shortage. However, the process can be complicated or lengthy, especially if you have no experience or time. That is why it is always best to consult legal experts with experience in the field to handle the entire process for you.
