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Seasonal Visas for Construction Workers, Landscapers, and Housekeepers

Overview:

The H-2B visa is a popular visa for individuals who want to come to the United States to work in a job that is temporary or seasonal in nature. This visa type is suitable for construction workers, landscapers, and housekeepers. These visas are issued for a period of up to one year. Extensions may be granted for a total of two additional years.

Workers may apply for a season that starts in April or a season that starts in October. This means that the immigration filing must be made in advance of the season the worker is requesting.

Cons:

  • There is a 66,000 cap on the number of H-2B visas issued per fiscal year. This cap is divided into two seasons which means that 33,000 visas are available each season.
  • A valid job offer from a US employer is required
  • US employer must demonstrate seasonal need
  • Only nationals of certain countries can participate
  • Not a dual intent visa

Pros:

  • The visa is granted for a period of one year, but may be extended for 2 additional years
  • Good visa for individuals interested in working in the US on a temporary basis
  • Good visa for jobs of a seasonal or temporary nature that experience a shortage in the U.S.
  • The Trump administration is proposing increasing the 66,000 cap

What are the Requirements?

  • Present the foreign worker(s) with a job offer of a temporary or seasonal nature;
  • Demonstrate that there is only a temporary need for the type of services or labor to be performed by the foreign worker(s);
  • Demonstrate that there is an absence of U.S. workers who are able, willing, qualified, and available to perform the temporary work;
  • Demonstrate that the employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed American workers;
  • The foreign worker must have a foreign residence outside of the United States that he or she has no intention of abandoning;
  • The employer must submit a valid temporary labor certification from the Department of Labor along with the H-2B petition.

For more information about the H-2B visa please click here.

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