Philadelphia H-2B Temporary Worker Visa Lawyer
Temporary, seasonal, and non-agricultural skilled and unskilled workers can obtain an H-2B visa if they wish to enter the United States to work. To achieve this status, an employer within the U.S. must petition for the worker to enter the country. The petitioning employer must show that they intend to employ the worker only temporarily, and that they are in need of the worker’s skills. To show a temporary need, the employer must show that the need is seasonal and recurring, that the need is intermittent, that there is a peak load need, or that there is a specific need for a one-time occurrence.
Only a certain number of H-2B visas are approved each year, and one small mistake could put your petition at risk. A Philadelphia H-2B temporary worker visa lawyer can guide you through the process to give you the best chance of obtaining status.
Caps on H-2B Visas
Each fiscal year for the United States Citizenship and Immigration Services (USCIS), only 66,000 new applicants are approved for H-2B status. Half of these are distributed in the first half of the fiscal year, which starts on the first day of October each year. The other half are distributed during the second half of the fiscal year, which starts on the first day of April each year. Employers can file their petitions up to six months before the first day of each half of the fiscal year.
When filing the petition, employers must also show that the position cannot be filled by a qualified worker in the United States. The position filled by the foreign worker also cannot adversely impact the employment conditions of any American worker in a similar employment position.
Duration of an H-2B Visa
Typically, a worker can remain in the United States under H-2B status as long as is needed to complete the employment assignment. In most cases, the duration of an H-2B visa is one year, although workers can obtain extensions in one-year increments. The total amount of time a foreign worker remains in the country under H-2B status cannot exceed three years.
Derivative Status for Spouse and Children
Foreign workers who obtain H-2B status to enter the country temporarily can also obtain H-4 derivative status for their spouse and children who are unmarried and under the age of 21. H-4 status allows these family members to enter the country with the H-2B worker and attend school while here.
Call Our H-2B Temporary Workers Lawyer in Philadelphia for Help with Your Case
If you wish to enter the country on an H-2B visa, our Philadelphia H-2B temporary workers lawyer at Ellenberg Law Group can guide you through the process. Call us now at 215-790-1682 or reach out to us online to schedule a free case evaluation with our seasoned attorney and to learn more about your immigration options.