Temporary employment in the United States is highly sought-after. Fortunately, there are opportunities for both skilled and unskilled workers who can apply for the H-2B Visa Work Permit. The challenge is satisfying an immigration officer that you are specifically qualified for this US Work Visa.
When it comes to fulfilling the requirements and presenting your case, doing it on your own can be quite complicated and frustrating. As a result, your chances for an approved application are affected. For this reason, immigration lawyers who are familiar with all the challenges and solutions can be a real asset to your immigration bid.
Niren and Associates has helped hundreds of thousands of foreigners successfully come the United States for a variety of work opportunities. We work closely with you, and determine the best ways to present your case to the authorities.
Contact our Montreal immigration lawyers for a professional, no-obligation, honest assessment.
I just wanted to thank Niren and Associates for helping me to obtain an H-2B Visa. Everything was worth it. They advised me on exactly what I needed, they gave me a synopsis of the process and they were adamant on what information I had to supply before they would submit my application. I could have never had done it on my own.- Shannon S.
Qualifying for an H-2B Visa Work Permit
H-2B visas are work permits available to applicants who are coming to the United States for temporary employment which is non-agricultural.
The most essential aspect of qualifying for an H-2B visa is show the INS that your prospective employment in the U.S is temporary or seasonal (typically, one year or less) and is non-agricultural. You also require a suitable background for the job that is offered.
In most cases, the job offered is tied to a specific project that requires the services of a foreign employee and that can be completed within a finite time period. Employment involving temporary project management and consulting positions and training positions are typical examples of H-2B jobs.
Understanding Labour Certification
As a potential employee you must satisfy the U.S government that there are no qualified Americans willing or able to hold the position offered by the U.S employer. This involves filing applications to the Department of Labor (DOL) and to the INS. The DOL will require that the U.S. employer advertise for the position to American workers. Only where the employer fails in finding a qualified U.S worker, will the temporary labor certification be approved. This is better known as Labour Certification.
H-2B Visa Petition
Once Labour Certification has been established, the U.S employer is required to file an I-129 Petition for Non-Immigrant Worker with an INS Service Center with the jurisdiction over the place of employment. Once approved, the foreign worker can apply for the visa at a U.S Consulate in his or her home country. If the foreign worker is already in the United States they may file in the U.S under certain conditions.
Duration of H-2B Status
H-2B status is valid for a maximum of three years. After this three year period has expired, the foreign worker cannot seek to extend or change status, nor can they be readmitted to the U.S. under the H and L nonimmigrant classification unless such person has resided outside the United States for six months.
Leave the Paperwork to Our US Immigration Attorneys
Since there are specific steps that have to occur prior to filling out your application, and then your application needs attention to detail, enlisting the help of an immigration law professional will provide peace of mind that the process is being handled properly.
You can only accomplish so much on your own. While it is possible to be successful without an immigration lawyer, you chances for an approved application are much greater with one.
Contact our Montreal immigration office for H-2B Visa help today
(514) 667-8415

