Filling Peak, Seasonal, Intermittent or One-Time Employment Positions
In many situations, it is difficult or impossible for an employer in Salt Lake City or elsewhere in the United States to find workers who are willing, qualified and available to fill temporary or seasonal positions. When this is the case, it is often possible to find workers by hiring from abroad. This is the purpose of the H-2B Temporary Nonagricultural Worker visa. This nonimmigrant employment visa allows a foreign national to enter and remain in the United States for the purposes of filling a specified employment position for a limited period of time.
To qualify for the H-2B visa, the worker must be needed for a position that is temporary or seasonal in nature, and is not in the agricultural industry (for which the H-2A visa would be appropriate). It is not necessary that the position be temporary, but the need for additional workers must be of a seasonal, intermittent, peak-load or one-time nature. Common examples of positions that may qualify for the H-2B visa status include amusement park workers, ski resort employees, restaurant employees, domestic workers such as housekeepers, and entertainers or athletes who do not qualify for an O-visa or P-visa. It is important to note that only the citizens and nationals of certain countries are generally eligible for this type of visa, except when allowing the worker to enter this country would serve the interests of the United States.
Applying for an H-2B Nonagricultural Worker Visa in Salt Lake City
If your business requires foreign workers to fill temporary or seasonal positions, the first step in the process is to apply with the Department of Labor for labor certification. You will have to supply evidence that you cannot find sufficient local workers who are willing, able and qualified to fill the positions. Next, you will have to sponsor the workers by submitting Form I-129, Petition for Nonimmigrant Worker to the U.S. Citizenship and Immigration Services office on the workers' behalf. Once this petition has been approved, the prospective employees may then submit their visa applications to the Department of State through the local U.S. Embassy or Consulate. Those who want to bring a spouse or unmarried children under the age of 21 may do so by applying for the H-4 visa, though the family members may not work in the United States. The visa will be valid for as long as your temporary labor certification lasts, and may be extended in one-year increments for a total of up to three years.
Let Our Salt Lake City Immigration Attorneys Assist You
The provisions of U.S. immigration law allocate only 66,000 H-2B visas in any given year, and this supply has to meet the entire worldwide demand for such visas. Given that so few visas are available, it is vital that you take measures to ensure that your petitions are not denied or unnecessarily delayed. At Keen Law Offices, LLC, we understand how important it is for you to fill your employment needs with a minimum of expense and complications, and our Salt Lake City immigration attorneys are ready to assist you with the entire process. From applying for labor certification to preparing the petitions and working with the foreign workers to facilitate their applications, we can help you navigate the immigration legal system and work to resolve any complications as they arise. Take the first step now by contacting us to discuss your requirements and expectations and to allow us to begin working on your case.