By ATTY. Monica Gangoo
Question: What is the H-2B visa category?
Answer: The H-2B visa category is used by United States companies that wish to temporarily employ skilled and unskilled foreign workers in nonagricultural positions. The employer has to have a temporary need and it must show that United States workers are not available.
Question: How long is an H-2B visa valid for?
Answer: The initial period of stay granted by the Department of Homeland Security (previously known as the Immigration and Naturalization Service) is governed by the period of time that the employer needs the services. This period cannot extend beyond an initial period of one year. However, extensions of stay in increments of one year are possible, but the foreign worker cannot be continuously employed in the United States for more than three years.
Question: What is the first step in obtaining an H-2B visa for someone?
Answer: The very first step is to obtain a labor certification application. This must be obtained by the employer. The request is made to the Department of Labor. You file this request with the state employment service office with jurisdiction over the location of the proposed employment. This labor certification application can cover one foreign worker, or it can cover a number of foreign workers filling the same position who will be working at the same location.
Question: What is the second step in obtaining an H-2B visa for someone?
Answer: The second step comes after the labor certification application has been approved by the Department of Labor. This approval must be filed with the application that is to be sent to the Department of Homeland Security.
Question: What is the third and final step in obtaining an H-2B visa for someone?
Answer: Once the Department of Homeland Security approves the H-2B visa petition, the foreign worker(s) must take the approval notice to a United States Embassy/Consulate in order to apply for the H-2B visa in person. The foreign worker will need to apply for this visa in order to be granted admission to the United States.
Question: If an employer files for several foreign workers using the same approved labor certification application, do all the foreign workers have to go to the same United States Embassy/Consulate abroad to obtain their visas?
Answer: No, they do not. They may go to different embassies abroad.
Question: Can family members of the H-2B visa holder accompany him/her to the United States?
Answer: Yes, spouses and unmarried children under the age of 21 may accompany the H-2B visa holder. They will need to apply for an H-4 visa at the United States Embassy/Consulate. The family members are not allowed to work; however, they are allowed to engage in studies in the United States.
Question: How does the employer file for an extension of the foreign worker’s stay in H-2B category?
Answer: Any extensions must be made at the employer’s request. The employer needs to demonstrate that the initial authorization period is not enough for completion of the duties that is to be performed and must prove that the unavailability of qualified United States workers exists. The employer shows this by obtaining a new labor certification application from the Department of Labor.
Question: What are some examples of H-2B jobs?
Answer: Some examples are: (1) a family wanting to hire a child care attendant in order to supervise their infant child while both of the parents work and the help will be temporary; (2) an employee is going to go on maternity leave for six months and a temporary replacement is needed; (3) a ski resort needs temporary servers and chefs for busy ski season.
For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo in San Francisco and San Jose for only $20. The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:
870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710
111 W. Saint John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500
Answer: The H-2B visa category is used by United States companies that wish to temporarily employ skilled and unskilled foreign workers in nonagricultural positions. The employer has to have a temporary need and it must show that United States workers are not available.
Question: How long is an H-2B visa valid for?
Answer: The initial period of stay granted by the Department of Homeland Security (previously known as the Immigration and Naturalization Service) is governed by the period of time that the employer needs the services. This period cannot extend beyond an initial period of one year. However, extensions of stay in increments of one year are possible, but the foreign worker cannot be continuously employed in the United States for more than three years.
Question: What is the first step in obtaining an H-2B visa for someone?
Answer: The very first step is to obtain a labor certification application. This must be obtained by the employer. The request is made to the Department of Labor. You file this request with the state employment service office with jurisdiction over the location of the proposed employment. This labor certification application can cover one foreign worker, or it can cover a number of foreign workers filling the same position who will be working at the same location.
Question: What is the second step in obtaining an H-2B visa for someone?
Answer: The second step comes after the labor certification application has been approved by the Department of Labor. This approval must be filed with the application that is to be sent to the Department of Homeland Security.
Question: What is the third and final step in obtaining an H-2B visa for someone?
Answer: Once the Department of Homeland Security approves the H-2B visa petition, the foreign worker(s) must take the approval notice to a United States Embassy/Consulate in order to apply for the H-2B visa in person. The foreign worker will need to apply for this visa in order to be granted admission to the United States.
Question: If an employer files for several foreign workers using the same approved labor certification application, do all the foreign workers have to go to the same United States Embassy/Consulate abroad to obtain their visas?
Answer: No, they do not. They may go to different embassies abroad.
Question: Can family members of the H-2B visa holder accompany him/her to the United States?
Answer: Yes, spouses and unmarried children under the age of 21 may accompany the H-2B visa holder. They will need to apply for an H-4 visa at the United States Embassy/Consulate. The family members are not allowed to work; however, they are allowed to engage in studies in the United States.
Question: How does the employer file for an extension of the foreign worker’s stay in H-2B category?
Answer: Any extensions must be made at the employer’s request. The employer needs to demonstrate that the initial authorization period is not enough for completion of the duties that is to be performed and must prove that the unavailability of qualified United States workers exists. The employer shows this by obtaining a new labor certification application from the Department of Labor.
Question: What are some examples of H-2B jobs?
Answer: Some examples are: (1) a family wanting to hire a child care attendant in order to supervise their infant child while both of the parents work and the help will be temporary; (2) an employee is going to go on maternity leave for six months and a temporary replacement is needed; (3) a ski resort needs temporary servers and chefs for busy ski season.
For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo in San Francisco and San Jose for only $20. The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:
870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710
111 W. Saint John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500
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