Temporary Labor (H2B)

Overview

H-2B classification applies to temporary or seasonal non-agricultural workers.

Period of Stay

The maximum authorized stay for an H-2B visa holder is one (1) year and may be extended for a total of three (3) years (in increments of up to one (1) year).

Eligibility Requirements

* The need for such employment and services should be temporary or seasonal
* The employment is justified by the lack of qualified U.S. workers to meet or fill in the position

Premium Processing

The BCIS offers an expedited 14-day service for an additional fee of $1,000.00. Regular processing currently takes about 12-14 weeks. The advantage of Premium Processing is speed. The disadvantage is that in order to expedite a case within the 14-day deadline, the BCIS does not have adequate time to request additional information to clarify any ambiguities in the petition. Therefore a denial is far more frequent in Premium Processing cases than with Regular Processing. We will provide you with a legal opinion as to the merits of Premium Processing in your particular case.

Family Members

With the exception of "Q-1 Cultural Exchange Visitors," the spouse and unmarried, minor children of an applicant under any of the above classifications may also be classified as nonimmigrants in order to accompany or join the principal applicant. A person who has received a visa as the spouse or child of a temporary worker may not accept employment in the United States. The principal applicant must be able to show that he or she will be able to support his or her family in the United States.