Working and living in America is a big dream for people of many countries of the world including Indians. America issues many types of visas to obtain a green card. One such visa is the H-2B visa. This visa allows foreigners to work and live in America. Let’s know what this visa is and whether Indians are also entitled to such a visa.
New Delhi: There is a great demand for foreign workers holding H-2B visas in the US. The H-2B program allows US employers who meet specific regulatory requirements to bring foreign nationals to the US to fill temporary non-agricultural jobs. Recently, Congress has fixed the annual quota of H-2B at 66,000.
For the benefit of US employers, the Department of Homeland Security (DHS) and the Department of Labor (DOL) have made available an additional 64,716 H-2B temporary non-agricultural worker visas for fiscal year (FY) 2025. Know everything about the H-2B visa that gives freedom to live and work in America.
What is the limit of H-2B visa now?
For non-citizens, Congress has set the H-2B limit at 66,000 per fiscal year. Of which 33,000 are for workers who start employment in the first half of the financial year (1 October to 31 March) and 33,000 for those who start employment in the second half. However, if this many workers are not employed in a financial year, then the remaining H-2B numbers are not applicable in the next financial year.
American companies must fulfill these conditions
- It has to be proved that it needs employees temporarily for non-agricultural work.
- The employer must have an offer for positions for which there is a shortage of qualified workers in the US.
- The applicant must have a valid job offer in writing from the American employer.
- The applicant must be a resident of a country that is included in the list of eligible countries.
- The applicant must have such experience and educational background that qualifies for the position.
- The applicant has to show that he will return to his country after the H-2B visa period ends.
This visa program will be valid only for 85 countries
Applications for H-2B visas can be approved only for citizens of countries that the Homeland Security Secretary has designated as eligible to participate in the H-2B program. The Department of Homeland Security releases the list of H-2A and H-2B eligible countries in a Federal Register notice. The name of eligible countries is valid for one year from publication. This time the list of these countries is effective from November 8, 2024.
H-2B visa to people of these 85 countries
Argentina
Israel
New Zealand
Belgium
Hungary
South Africa
Australia
Italy
Spain
Brazil
Japan
Taiwan
Canada
Mauritius
Turkey
Denmark
Mexico
Ukraine
Other countries-67
Note: India, Pakistan and China are not in this list. This list is temporary. Names of countries can be added or removed in it.
Applying for an H-2B Visa While in the US
If you are already in the US, an H-2B visa lawyer can help you. Bolor/Carl Immigration Group, APC specializes in assisting both employers and workers through the complexities of immigration law while ensuring that all requirements are met efficiently and effectively.
Why an H-2B Visa Application Is Rejected
The H-2B visa program is a temporary work visa for seasonal workers. What if your application is rejected? There are many reasons why an application may be rejected, including insufficient documentation, failure to meet eligibility requirements, or issues related to the employer’s need for temporary workers.
What to do if an H-2B visa application is rejected
In many cases, reapplying for an H-2B visa may be a viable option. If your documents are lost or incomplete, you can reapply with these documents. It is important to ensure that all the required documents are complete and accurate before reapplying.
You can appeal if your visa application is rejected
If you feel that your application has been wrongly rejected, you may have the option to appeal against the decision. In this, a formal appeal can be filed before the appropriate authorities. For this, you can take the help of a legal expert.
What are the benefits of H-2B visa, when is the demand high
The H-2B visa can offer a variety of benefits for both employers and workers. For employers, it allows hiring foreign workers to fill non-agricultural jobs such as tourism, hospitality, landscaping and construction. This is especially helpful during peak seasons when the demand for workers is very high.
Which industries have high demand for the H-2B visa program
The H-2B visa program is most commonly used in general industries such as hospitality, landscaping, construction and seafood processing. For example, during the summer months, hotels and resorts may need additional staff to handle an influx of tourists, or landscaping companies may need additional workers to manage increased demand for services.
How long can a person stay in the US on H-2B?
The initial period of stay for an H-2B visa holder is typically up to one year. However, the visa can be extended for up to one year. This allows the visa to be used for a maximum of three years in the US. After three years, the visa holder must leave the US for at least three months before applying for another H-2B visa.
Who can sponsor workers on H-2B visas?
The sponsor must be a US employer who has a temporary need for workers outside of agricultural work to hire an H-2B worker. The employer must prove that the job is temporary in nature and that no qualified US worker is available to fill the position. Additionally, the employer must also demonstrate that hiring foreign workers will not negatively impact the wages and working conditions of similarly employed US workers.
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