IMMIGRATION

Labor Petitions – H-2B Visa

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The H-2B program allows US employers or employment agents who meet certain specific regulatory requirements bring foreigners to the United States to temporarily fill NON-agricultural jobs .

To qualify within the H-2B Nonimmigrant classification, the petitioner must demonstrate:

  • That not there are enough American workers who are trained, willing, available and qualified to do temporary work.
  • Employing H2-B workers will not affect the wages and working conditions of US workers employed in similar jobs.
  • Prospective workers’ need for services or work is temporary, regardless of whether the job functions can be described as permanent. Temporary needs are considered temporary if;
    • Occurs only once.
      • You have not employed workers to perform the service or work before, and you will not need workers to perform the service or work in the future.
      • It is an employment situation that is permanent in some other way, but a temporary or short-term event created the need for a temporary job.

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