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H-2B Visa

What is the H-2B Visa?

The H-2B visa is a non-immigrant visa that allows U.S. employers to hire foreign nationals for temporary, non-agricultural jobs, particularly in industries with seasonal or peak load needs. This includes roles in hospitality, construction, landscaping, tourism, and more. The H-2B program is essential for businesses that face a shortage of local workers to meet seasonal demand, enabling them to hire foreign employees to fill these critical positions.

The H-2B visa is typically valid for the period of the job, which can last up to one year. It can be extended in increments of up to a year, but the total stay cannot exceed three years. Unlike some other visas, the H-2B visa program is strictly for temporary positions, and applicants must demonstrate intent to return to their home country after the employment period.

“The H-2B visa serves as a critical link between U.S. businesses and the global workforce, ensuring that seasonal industries can continue to thrive,” said one immigration consultant.

H-2B Visa Requirements for Employers

To petition for foreign workers, U.S. employers must meet several H-2B visa requirements:

  • The need for foreign labor must be temporary — seasonal, peak load, or one-time occurrence.
  • Employers must make a good-faith effort to hire U.S. workers first through advertising.
  • Employers must file a Temporary Labor Certification with the Department of Labor (DOL).
  • They must offer fair wages (prevailing wage) and comply with all labor laws.

Meeting these requirements ensures that the program remains fair to both U.S. workers and foreign employees.

Did You Know?

U.S. businesses in landscaping, hospitality, and construction need seasonal workers now more than ever. The H-2B visa is your opportunity—let us make the process smooth for you.

The H-2B Visa Application Process

Here’s how it works:

  • Employer files Temporary Labor Certification with the DOL.
  • Once approved, the employer submits Form I-129 to USCIS.
  • If approved, the foreign worker applies for the H-2B visa at a U.S. consulate.
  • After the visa interview, the worker can enter the U.S. and begin employment.

Rights and Obligations of an H-2B Visa Holder

  • May only work for the employer and job listed in the petition.
  • Visa is valid for the duration of the job, extendable up to three years total.
  • Must return to their home country after the employment period.
  • Some may explore long-term immigration options after H-2B expiry.

Did You Know?

U.S. industries increasingly rely on foreign workers for temporary roles. Let us guide you through the H-2B visa process so you can start your journey stress-free.

Common Reasons for Denial of an H-2B Visa

  • Missing or incorrect documentation
  • Failure to prove temporary need
  • Inadequate proof of U.S. recruitment efforts

Bringing Dependents to the U.S. on an H-2B Visa

H-2B workers can bring spouses and unmarried children under 21 to the U.S. on an H-4 visa.

  • H-4 holders can live and study in the U.S.
  • They cannot work, unless they qualify for separate work authorization.

“The H-4 visa offers family unity for H-2B workers, although spouses may face restrictions on employment,” said a trusted immigration consultant.

Extending an H-2B Visa

  • Employers must file a new petition with USCIS.
  • Extensions are granted in 1-year increments, up to a total of three years.
  • After three years, workers must leave the U.S. for 3 months before applying again.

H-2B Visa and Permanent Residency Options

Though H-2B does not allow dual intent, there are pathways:

  • Employers may sponsor the worker for a green card under employment-based categories.
  • Workers can change status to a visa like H-1B or EB-3, which allows for permanent residency.

How Atlanta Immigration Services Can Help You

At Atlanta Immigration Services, we bring over 10 years of experience helping U.S. businesses and foreign workers navigate the H-2B visa process.

For Employers:

  • Help with Temporary Labor Certification
  • Guidance on I-129 filing and compliance with labor laws
  • Reduce risk of delays or denials

For Workers:

  • Personalized guidance on visa application and documentation
  • Assistance with interview preparation
  • Explore green card pathways and visa status transitions

Whether you’re applying for your first H-2B visa or planning to extend it, Atlanta Immigration Services ensures your process is smooth, fast, and compliant with U.S. immigration law.

Conclusion

The H-2B visa is a vital solution for U.S. employers in need of seasonal or peak-load labor. For foreign nationals, it offers a chance to work in the U.S., gain experience, and contribute to the economy.

However, the process involves strict deadlines, legal compliance, and careful documentation. That’s why partnering with Atlanta Immigration Services is key. We offer comprehensive support, from initial filing to long-term immigration strategy.

Whether you’re a business hiring workers or an individual pursuing U.S. employment—Atlanta Immigration Services is your trusted partner. Let’s begin your journey today.

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