H2B Visa for Temporary and Seasonal Unskilled Workers

H2B Visas are often used by american companies to outsource for unskilled alien workers for a temporary or seasonal jobs (non-agricultural) when they cant find any qualified workers on the US market. H2B Visas are offered to non-Americans but first the US employer must prove that the job being offered is temporary and that it won’t affect any US worker in favor of the foreign worker. Moreover, the employer must state the nature of the need; whether it’s a seasonal recurring need, an intermittent need, onetime need or a peak season need.

A H2B Visa is a resort for those who can’t get the NAFTA Visa and still want to work and gain an experience in America. As usual there are always requirements one has to meet in order to be granted a H2B Visa.

  • First you need to get a temporary invite by the US Employer to offer you an unskilled labor position in a project they are running. With this invitation letter  you can apply for the non-immigrant Visa. A copy of the H-2B Petition approval notice from USCIS is required plus DS-160 form when applying at the American embassy abroad.
  • Besides the forms, any applicant for the H2B Visa must show proof that they have relevant ties in their home country. The American country requires this information as proof that the applicant can freely return to their home country once the temporary stay is over. The American consulate requires this information as a proof that the applicant will be willing to return back home once there are done working.

However, visa doesnt guarantee that the applicant will get to US.  The port of entry officer reserves the right to revoke entry when he isnt satisfied with the documents. Moreover, the port officer determines the period during which the immigrant will be in US for temporary employment. H2b Visa usually comes with a short duration period; the longest being a one year period.

In the event your H2B visa gets revoked, there is the window period during which you can petition for re-consideration. When the first application gets revoked, the applicant is welcome to file another petition 6 months before the employment period begins. The applicant’s family is welcome to stay in the US for as long as their Visa is valid. As much as the H2B Visa is a temporary non-immigrant visa, the applicant can freely change his legal status while in America.

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