H-2B Visa Attorney

H-2B Visa Attorney, California

Seasonal jobs have gained momentum in the U.S. job market since the past few years. A seasonal employment is a temporary work to meet a company’s needs during a certain time of the year. Lately, seasonal jobs have been an employee-employer favorite. U.S. employers seeking seasonal workers tend to hire foreign labor either due to lack of local workers or when the native employees don’t meet the job requirements. H-2B Visa is a type of non-immigrant visa that allows a company in the United States of America to sponsor a foreign individual for one year of employment. This visa is given to non-agricultural laborers who can be skilled or unskilled. Getting an H-2B visa is an excellent opportunity for foreign workers, but to go through the process easily, both the employer and the potential employee will need the help of a dependable H-2B visa attorney in California. H-2B visa lawyers at Sidman Law Group are competitive enough to help you secure your desired visa.

Eligibility Criteria For An H-2B Visa

An individual may be eligible for an H-2B visa if they meet the following requirements:

  • Your need in the company should be temporary

  • Your post must be as a non-agricultural employee

  • You will need prior experience and skills to get the job

  • No qualified U.S. citizen is available to get the job done

  • The completion of a job has a shorter time period which is less than one year

  • You will need an employer from the United States of America to offer you a job

  • You should have no issues leaving the United States of America as soon as your H-2B visa expires


H-2B Visa Application Process In California

The process of applying for an H-2B visa in California is a challenging task. Still, with the help of an H-2B visa lawyer, you can quickly go through the application process without the risk of being rejected. As the initial step, the employer in California files an application for a temporary labor certificate issued by the Employment Development Department. Then the Employment Development Department approves the case and sends it to the Department of Labor. Once the certification is given to the employer, he is responsible for submitting the Form I-129 to the United States Citizenship and Immigration Services (USCIS). In the next step, if you are in the United States of America, you will immediately get an H-2B visa but if you are not in the land of the United States of America, you will be given some instructions to fulfill. The process of getting an H-2B visa ends with a visit to the local US consulate for an interview and some fingerprint impressions.

What Is The Time Duration Of An H-2B Visa?

The initial time duration of an H-2B visa is just one year, but upon a detailed demonstration by the U.S. employer your visa can be extended for a further year. Still, it does not last longer than three years, which is the maximum time for an H-2B visa. For any sort of H-2B extension, you will need assistance from a reasonable H-2B visa lawyer in California.

Which Individuals Are Covered Under An H-2B Visa?

The H-2B visa being the opposite of the H-1B visa is specified for temporary non-agricultural workers willing to stay in the United States of America for seasonal work purposes. It is not for highly skilled professional workers. The positions eligible for an H-2B visa include:

  • Nannies

  • Waiters

  • Fisherman

  • Resort workers

  • Meat butcher

  • Landscape labor

  • Production workers

  • Construction laborers


Is There Any Cap On H-2B Visa Applications?

The number of visas granted every fiscal year is limited to 66,000 visas. Out of the total number, 33,000 visas are commenced on 1st October and 31st March, and the remaining 33,000 visas are for jobs that start from 1st April and 31st September. There is a time specification for each H-2B visa to be reserved due to the seasonal and temporary requirements of foreign workers. Despite the time limit, you can get exemptions and extensions in some significant cases with the help of a good H-2B visa attorney in California. Still, the process of an H-2B Visa takes around seven months, so make sure your H-2B visa lawyer starts the process of your visa seven months before your employer instructs you to report to the job.

Rights And Responsibilities Of An H-2B Visa Holder

The government of the United States allows business owners to employ foreign workers for nonagricultural services on a seasonal or temporary basis. But under this visa, the workers have certain rights and responsibilities.
The most basic right of an H-2B visa holder is multiple entries on the visa, as a foreign individual working in California can leave California at any time during the valid visa period. The foreign worker also has the full right to switch jobs if better opportunities are offered in the country. In relation to employment, these visa holders are empowered to the legal rights of an individual. Workers employed under H-2B visas are prevented against discrimination in terms of compensation, wages, color, ethnicity, etc. In addition to this, they are also free to go to their home country in case of an emergency.
On the other hand, the H-2B visa holders are also expected to fulfill certain responsibilities. The first and foremost responsibility of an individual with an H-2B visa is that he or she has to leave the country as soon as the visa expires and these individuals are considered responsible enough to keep a copy of their passport with them to avoid stressful situations.

Apply For An H-2B Visa With Our Attorneys

While hiring foreign workers for your seasonal work may prove beneficial to your business, it can be challenging in terms of the process. The experienced lawyers at Sidman have been handling various employment cases in California. Our H-2B visa lawyers can effortlessly help you with your case. Have questions about the H-2B visa? Contact our H-2B visa attorney at 818-981-0352 or email the firm.

As per the U.S. State Dept., employment-based immigration involves three categories: (1) People with extraordinary ability, meaning those who have reached a high level of acclaim and recognition in their fields; (2) outstanding professors and researchers on the path to tenure; and (3) executives or managers employed with multinational U.S.-based corporations.

The EB-2 visa represents the so-called “second preference” under U.S. immigration law. There are two categories under the EB-2 visa: (1) Professionals who have an advanced degree (above and beyond the baccalaureate degree), or, in rarer instances, those who have only a baccalaureate degree but relevant experience in his or her field; and (2) those with “exceptional ability” in the arts and sciences or in business, as demonstrated by evidence.

Available for skilled workers, professionals and unskilled workers (other workers). A labor certification and a permanent, full-time job offer are required to become eligible.

Available for ‘special immigrants’ including religious workers, special immigrant juveniles, broadcasters, G-4 International Organization or NATO-6 employees and their family members, armed forces members, Panama Canal Zone employees, certain physicians, Afghan and Iraqi Translators, Afghan and Iraqi nationals who have provided faith service in support of U.S. operations.

The EB-5 Immigrant Investor Program is designed around economic job growth. As per U.S. Citizenship and Immigration Services, entrepreneurs and their families may immigrate to the U.S. (and are green card eligible) provided that they meet two basic criteria: (1) Can invest in a commercial U.S. business (2) Can create or preserve 10 jobs for U.S. workers.

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We handle all types of immigration cases, including business and family immigration matters as well as deportation and removal cases.

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