The H-2B visa is a temporary or seasonal nonagricultural workers visa, which permits worker’s to enter the United States for employment for a specified amount of time. Prior to this application being submitted the potential employer will be required by the USCIS to file a Form I-129. If the employer has questions about this form or the regulations, they will be required to follow, they can get the advice they need from the North Dakota immigration lawyer. The petitioner will also be required to submit a valid temporary labor certification from the U.S. Department of Labor.
Who Qualifies for the H-2B Classification?
This is a nonimmigrant classification and requires a petitioner, who must establish:
1. There are not enough U.S. workers who are qualified, willing or available to do the temporary work.
2. The worker’s services are only required temporarily, whether the job is actually temporary or not.
3. The worker will not adversely affect the wages or working conditions of similar employed U.S. employees.
4. If a petitioner is claiming a onetime occurrence:
a. The workers have not preformed the service or labor in the past and will not be required to perform the services or labor in the future.
b. A permanent situation that has created the temporary need for a short duration of a temporary worker.
When the petitioner claims the employment is seasonal they must prove the service or labor they seek is:
1. Traditionally associated with a season, event or pattern and it is of an agricultural nature.
2. It is of a reoccurring nature
When employment is not seasonal, the petitioner will show:
1. The employment is unpredictable
2. Employment is subject to change
3. It might be during a vacation period for the employer’s permanent employees.
When the petitioner claims a peak load need, they must show:
1. The regular employees, who are permanent workers, are performing the services or labor.
2. The need to supplement workers is a temporary addition to the permanent staff, and of a seasonal or short-term period.
3. The temporary worker will not become a part of the employers regular staffing.
When the petitioner claims an intermittent need:
1. The employer has not employed permanent or full time workers for the services or labor to be preformed.
2. The occasional need for temporary workers is for short periods.
There is an H-2B cap on the numerical limit of individuals who may receive the H-2B nonimmigrant classification visa during a fiscal year. When this limit is reached the only workers who will be approved for this visa are those who are exempt from the H-2B cap.
The application process for the H-2B classification includes:
1. The petitioner must submit the temporary labor certification to the Department of Labor for approval.
2. The petitioner must file a Form I-129 with the USCIS and submit the labor certification from the Department of Labor.
3. After the Form I-129 is approved the worker outside of the United States will apply for the H-2B visa.
When there are questions the employer has about this application process and which part of the classification their petition falls in the immigration attorney North Dakota advice will be invaluable. They are the immigration attorney North Dakota, who knows these rules and any changes in the regulations that could affect the proper petitioner’s application process.