A H-2B visa lawyer will help you file a nonimmigrant visa that allows foreign nationals to enter into the United States temporarily and engage in employment which is seasonal, intermittent, a peak load need, or a one-time occurrence. It’s a perfect visa for people who want to travel to America and work temporary positions in hospitality, cruise ships, restaurants and more.
The employer has the burden of establishing that the need for H-2B workers is temporary and is either a one time, seasonal, peak, or intermittent need in the application. Documentation might include contracts, lists of projects and timeframes, as well as narrative explanations. The duration of the H-2B is limited to the employer's need for the temporary workers. The maximum authorized period is one year; however, the employer may extend the duration up to three years in some situations. You can consult a visa lawyer for more details.
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An H-2B visa lawyer will be able to confirm you’re applying for the most viable visa. Also, legal advice can provide you with the necessary steps to prolong your stay.
Can an individual holding H-2B visa study at an American college / university?
Yes, but the visa holder cannot join a full-length program because that would harm the primary interest of the H-2B visa.
What is a Temporary Labor Certification?
A Temporary Labor Certification must be obtained from the U.S. Department of Labor (DOL) to employ temporary or seasonal workers. The proposed employer must prove to the DOL that there are not sufficient workers who are able, willing, qualified, and available and that the employment of foreign nationals will not adversely affect the wages and working conditions of similarly employed U.S. workers.
What is an Extension of Stay?
It allows the visa holder to stay longer than the one-year max. The employer must apply for re-certification for an additional two years with one year extensions, but on each new application, the employer must justify the extension request. You may also extend by changing to a new employer who had completed the temporary labor certification.
Can family accompany an H-2B visa holder to the U.S.?
Yes, you may bring your dependents while on a H-2B visa. Your spouse and unmarried children are entitled to an H-4 visa and they may stay as long as you have a valid H-2B status. However, they cannot work while in the U.S. If you need assistance a H2-B visa lawyer may be able to clarify some of the surrounding issues.
What is a Request for Evidence (RFE)?
An RFE is made when the USCIS determines that an application needs additional documentation / evidence to determine an applicant's eligibility for the benefit sought. The request will indicate what evidence or information is needed for authorities to fully evaluate an application or petition. The immigration attorneys on LawTrades are available for hosting businesses and applicants who need assistance answering an RFE.
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