| Immigration Lawyers of Minnesota | | | | U.S. Citizenship & Immigration Services – USCIS |
| Seasonal industries often find it difficult to find seasonal | | | | After DOL grants certification, the employer can |
| workers due to the short duration of the jobs and the | | | | petition USCIS for the H-2B visas. The proof required |
| tasks involved. This is where the H-2B visa category | | | | at this stage is somewhat duplicative with the process |
| can help. Common industries that utilize the H2B | | | | undertaken with DOL, but USCIS nevertheless must |
| program to supplement their workforce include, but are | | | | grant the petition before the visas can be issued. |
| not limited to: nurseries, golf courses, carnivals and fairs, | | | | U.S. Consulate / Embassy |
| lawn and landscaping, resorts and hotels, tourist | | | | If USCIS approves the H-2B petition, it will forward the |
| attractions, theme parks, and snow removal. But the | | | | case to the U.S. consulate where the temporary |
| H-2B visa program is not limited to any particular | | | | workers are located. The workers then go to the |
| industry. However, the H-2B visa cannot be used for | | | | consulate to apply individually for their visas. It is |
| agricultural work. | | | | helpful at this stage to use an agency in the foreign |
| H2b visas are also not limited to any particular | | | | country familiar with the H-2B procedures at the |
| country. Workers may come from Mexico, South | | | | consulate to assist in gathering the workers and |
| Africa, China, Russia or any other country where they | | | | applying for the visas. |
| are located. In order to simplify the process and keep | | | | How long can the workers stay in the United States? |
| costs down, it is best to get all of the workers from | | | | The regulations allow for H-2B workers to hold this |
| the same location. If all of the workers are coming | | | | status for up to one year, but in practice, 8-10 months |
| from the same place to do the same job, they may all | | | | is more realistic. Also, The employer will be liable for |
| be included on one petition. | | | | the reasonable costs of return transportation of the |
| Work Visa Application | | | | worker if the worker is dismissed from employment |
| Temporary Labor | | | | for any reason by the employer before the end of the |
| The first criteria is that the need for the workers and | | | | visa period. If the worker voluntarily terminates his or |
| the job must be seasonal; the employer cannot use | | | | her employment prior to the expiration of the validity of |
| the H-2B visa to fill an ongoing need. Almost all | | | | the petition, the worker has not been dismissed and |
| seasonal jobs, by definition, meet this criteria because | | | | therefore, the employer is not responsible for return |
| the services or labor are traditionally tied to a season | | | | transportation. |
| of the year by an event or pattern and is of a | | | | Is there a limit on H-2B visas? |
| recurring nature. | | | | While there is no limit on the number of H-2B visas that |
| Department of Labor | | | | a particular employer may acquire, assuming the |
| Before filing a petition with the immigration service - | | | | number can be justified, there is an annual limit on the |
| U.S. Citizenship & Immigration Services (USCIS), | | | | number of H-2B visas issued nationwide. This limit is |
| the employer must first get labor certification from the | | | | commonly referred to as the H2b visa cap. At the |
| U.S. Department of Labor (DOL). This generally | | | | writing of this article, that limit is 66,000. Once the limit |
| requires that the employer prove the seasonal nature | | | | is reached, no more new visas will be issued until the |
| of the job and that it cannot find any qualified and | | | | following year. However, it is important to note that |
| willing U.S. workers. | | | | this visa cap does not apply to H-2B workers currently |
| The procedure for getting certification changes almost | | | | in the U.S. who wish to change employers. |
| yearly and therefore, it is recommended that you seek | | | | Can you help find the workers? |
| the assistance of an experienced H-2B immigration | | | | Our office has established relationships with |
| lawyer to advise on the current practices. | | | | employment agencies in various countries who can |
| While it may seem obvious, it is nevertheless worth | | | | locate workers that fit your needs. These agencies |
| noting that the employer must be a U.S. company. | | | | are not affiliated with our law firm and are referred to |
| There are instances in which foreign companies | | | | you merely as a courtesy and not part of our legal |
| operate in the United States and it must be the U.S. | | | | representation. |
| entity that files the petition. | | | | Can the worker get a Green Card? |