Our attorneys can represent you in U.S. immigration matters regardless of where you are located because U.S. immigration law is federal: you can be in any state, or in any country in the world.

Contact Us | About Us

521 Fifth Avenue, Suite 1700, New York, NY 10175, U.S.A., Telephone: (212) 488-6899

H-2B Temporary Nonagricultural Work

Related topics:

The H-2B nonimmigrant visa is available for foreign workers who come to the U.S. to perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent.There is a quota of 66,000 foreign worker per year for this type of visa. The quota often runs out before the year is complete. However, in recent years there has been special legislation which has permitted workers in H-2B status to extend their stay by exempting them from the quota.

In order to obtain an H-2B, it is necessary H-2B certification from the Labor Department, i.e., to prove that there are no U.S. workers available to fill the particular job. The H-2B certification is similar to a "Labor Certification" for a green card, but generally faster.

The Labor Department notes: "The certification is issued to the employer, not the worker, and is not transferable from one employer to another or from one worker to another."

The Key Qualifying Criteria, according to the Labor Department, are as follows:

  • The job and the employer's need must be one time, seasonal, peak load or intermittent;
  • the job must be for less than one year; and
  • there must be no qualified and willing U.S. workers available for the job.

Reader Comments

how to apply the H-2B visa

Hi..
can a chinese apply for the H-2B visa?
i have beening working in singapore for 6 years and obtain Singapore permanent resident. can i apply for the H-2B visa. if can, where to apply? and how to apply? Thks

There is no nationality requirement for H-2B visas.

There is no nationality requirement for H-2B visas. One can apply regardless of one's nationality or citizenship.

You may wish to contact Antao & Chuang, Attorneys at Law.

can a h2b visa holder can

can a h2b visa holder can have his own bussines in the usa.?

Working for one's own business requires work authorization

If one is actively working for one's business, then that is considered labor, and it requires proper work authorization.

Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

Recent comments

Antao & Chuang

AntaoandChuang.com

© 1996-2014 Antao & Chuang, Attorneys at Law

Important Notices/Disclaimers

This website located under the world wide web domain "AntaoAndChuang.com" ("website"), and any subdomains, are owned, and maintained by Antao & Chuang, Attorneys at Law, whose practice includes U.S. Immigration Law. Since U.S. Immigration Law is federal in nature, Antao & Chuang, Attorneys at Law, serves clients who are located throughout the U.S. and the world in U.S. immigration matters, from their offices located at 521 Fifth Avenue, Suite 1700, New York, N.Y. 10175. Antao & Chuang, Attorneys at Law’s attorneys are licensed attorneys in the states where they practice. However, since said states do not recognize any specialization in U.S. immigration law (attorneys in said states are simply licensed in said states to practice law in general), Antao & Chuang, Attorneys at Law does not claim any such specialization, and nothing on this site should be deemed to constitute any such claim. Antao & Chuang, Attorneys at Law does not claim expertise in the laws of states other than where our attorneys are licensed. This website is an advertisement. This website is provided as a public service and not intended to establish an attorney client relationship. Antao & Chuang, Attorneys at Law does not accept clients on the strength of advertising materials alone but only after following our own engagement procedures. Any reliance on information contained herein is taken at your own risk. The information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems solely on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information on this site. See Terms of Use.