Tampa, FL H-2B Visa for Temporary Employment
Workers can come to the United States on an H-2B visa to work on a short-term basis at many non-agricultural jobs. This visa provides an excellent opportunity for those who want to travel to the U.S. to work in the hospitality industry or other fields.
An H-2B visa is generally valid for no more than one year but can be extended at the employer's request. Workers entering on an H-2B visa may bring a spouse and unmarried minor children with H-4 visas.
However, because these visas offer so many benefits, immigration authorities are concerned with the potential for fraud. Thus, they review applications very closely for discrepancies or suspicious data. To avoid problems that could lead to the denial of an H-2B visa, many workers seek assistance from an experienced immigration lawyer at American Dream® Law Office, PLLC. Our dedicated team has the knowledge to help you in the application process.
Arrange for a consultation with our Tampa H-2B visa attorney by phone at (813) 499-1250 or reach out online today.
What Employers Need to Do for the H-2B Visa
The H-2B visa is a temporary employment visa designed to bring in workers when businesses have difficulty locating enough help to supply their needs. (This visa is for workers in industries other than agriculture—different visas are used in that field.)
An employer needs to request temporary labor certification from the U.S. Department of Labor and show that:
- The need for workers is temporary (such as seasonal work)
- There are not enough U.S. workers in the area willing, able, and available to perform the work
- Bringing in H-2B employees from outside the country will not hurt U.S. workers performing similar jobs
Once an employer receives permission from the Department of Labor, they must petition U.S. Citizenship and Immigration Services (USCIS) on the prospective employee’s behalf.
The Application Process
Once you have an appropriate job offer and a notice specifying that USCIS has approved the petition filed by the employer, you can gather other required materials and apply at the U.S. consulate. You will need certain forms, an application fee, and identification documents.
The general H-2B visa application includes the following steps:
- Employer Recruitment: Employers must demonstrate that they could not find suitable U.S. workers for the desired positions.
- Prevailing Wage Determination: Employers must obtain a prevailing wage determination from the U.S. Department of Labor and offer wages that meet or exceed the prevailing wage.
- Temporary Labor Certification: Employers file a temporary labor certification application with the Department of Labor (DOL), which includes proving a temporary need for foreign workers.
- USCIS Petition: Once the DOL approves the temporary labor certification, the employer submits a petition to the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker.
- Consular Processing: If the USCIS approves the petition, the foreign worker applies for an H-2B visa at a U.S. embassy or consulate in their home country.
- Entry to the U.S.: Upon visa approval, the foreign worker can enter the U.S. and start working for the sponsoring employer.
Additionally, you will need sufficient evidence of ties to your home country to demonstrate your intention to return at the end of the work period. Your answers about this evidence must be consistent, or immigration officials may become suspicious.
I had been searching high and low for an attorney that wasn’t just trying to over charge me and by coincidence I found the best one.- Former Client
Ahmad has been with me through every step and and made me feel comfortable.- Nana S.
Throughout the entire process Ahmad and his staff were responsive, professional and most of all comforting.- Former Client
had a complicated situation, he was patient thorough and professional.- Former Client
I know he may seem like he's in a hurry sometimes but he does his job well.- Anais R.
He was prompt and thorough answering all my questions. He is very professional and has a wealth of experience.- Former Client
The USCIS was frustratingly slow but his office was always reassuring that we were on track. He even fixed the issue for us when USCIS dropped the ball on our case.- Stephen S.
I’m so glad we didn’t try to go through this lengthy and complicate process without them.- Lucia A.
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