What You Should Know About H2B Visa Programs


Employers in certain industries often have trouble filling certain positions continuously. When this happens, they may utilize H2B Visa programs to ensure workers from other countries can come and fill the positions. H2B Visa programs have strict requirements, and the workers must come from certain specific countries.

Certain industry employers utilize H2B Visa programs to fill certain non-agricultural positions for 1 – 3 years at a time. Each program and industry has its own specific requirements, and the length of H2B Visa programs can sometimes be extended. While the H2B Visa programs can be confusing to outsiders, there are certain things you should know.

H2B Visa Programs

H2B Visa programs are utilized by specific industries with permission from the United States government. These industries include landscaping, construction work, poultry processing, and resort or restaurant work. The H2B Visa programs are non-agricultural programs that allow foreign nationals to live and work in America on a temporary basis.

Foreign nationals enjoy the opportunity to temporarily live and work in the United States while they make money and learn new skills. Married foreign nationals may have their spouses and unmarried children under the age of 21 join them by applying for an H-4 Visa. Neither the workers nor their immediate family members may apply for citizenship, and the H2B Visa programs dictate that workers must leave the United States for 90 consecutive days every 3 years.

H2B Visa Programs Requirements

H2B Visa programs have very specific requirements. For instance, not only must employers apply for the H2B Visa programs on behalf of the foreign nationals they intend to employ, but they must also meet strict requirements. The employer must prove that they are unable to find adequate numbers of U.S. workers and that employing foreign nationals will not negatively impact the wages or working conditions of U.S. workers. It is also important to show that the need for foreign national workers under H2B Visa programs is temporary for one of several reasons.

The entire application process for H2B Visa programs can take up to 150 days. Employers must plan well in advance and partner with seasoned attorneys who specialize in this specific area. The proper paperwork must be completed prior to workers entering the United States, and employers must meet ongoing requirements to stay within compliance with H2B Visa programs.

Partner with Exceptional H2B Visa Programs Lawyers Today

The United States government imposes strict guidelines for the H2B Visa programs along with caps for the number of foreign national employees allowed each year. H2B Visa programs benefit both American employers and foreign national workers willing to work unwanted positions in the United States. However, U.S. employers must work hard to complete all necessary paperwork and stay within program compliance to fill these positions with willing foreign nationals.

If you are an employer in one of these specific industries and you are considering using foreign nationals to staff hard-to-fill positions with H2B Visa programs, you’ll want to partner with exceptional H2B Visa program layers today. These specialized attorneys stay well versed on the changing laws surrounding H2B Visa programs. Not only can they help get your company approved for these H2B Visa programs, but they can also help keep your company in compliance with federal law once approved.