H-2B Visa Attorney

H-2B Visa Attorney, Encino

Over the past few years, the American labor market has seen a rise in the need for seasonal work. A temporary employment known as a periodic or seasonal job is one that was developed to meet a company’s needs during a specific time of the year. These jobs are preferred by both the employees and the employers. American businesses searching for seasonal workers may hire foreign labor due to a lack of domestic workers or local employees not meeting the job criteria. With the use of an H-2B visa, a type of non-immigrant visa, a company in the United States of America may sponsor a foreign worker for one year of employment. This visa is open to both skilled and unskilled non-agricultural laborers. Foreign employees have an excellent chance of receiving an H-2B visa, but for the process to be simple, both the company and the potential employee will need the help of an experienced H-2B visa attorney in Encino. You may get the visa you want with the help of Sidman Law Group’s H-2B visa lawyers.

Qualifications For An H-2B Visa

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

  • Your stay with the business should only be transitory
  • You must hold a position as a non-agricultural worker
  • To secure the position, you must have relevant experience and qualifications
  • There isn’t a capable American citizen available to complete the task
  • A job can be finished in a shorter amount of time – less than a year
  • To receive a job offer, you must be employed by an American company
  • When your H-2B visa expires, you should have no trouble departing the United States

The Process Of An H-2B Visa Application

Making an H-2B visa application in Encino is challenging. With the aid of an H-2B visa attorney, you can quickly finish the application process without running the risk of being rejected. The first step is for the employer in Encino to file an application for a temporary work certificate granted by the Employment Development Department. Following the Employment Development Department’s approval, the matter is forwarded to the Department of Labor. After getting the certification, the employer is responsible for submitting the Form I-129 to US Citizenship and Immigration Services (USCIS). If you are already in the United States of America, the H-2B visa will be granted to you at the next step. If not, you will be given conditions to fulfill. A visit to the local US embassy for a biometric examination and interview is the last step in getting an H-2B visa.#

Validity Period Of An H-2B Visa

The H-2B visa is only good for one year at a time, but it can be extended for an additional year if your American company provides a solid rationale. The maximum validity duration for an H-2B visa is three years, however this does not go beyond that limit. Any form of H-2B extension will require the assistance of an experienced H-2B visa lawyer in Encino.

Persons Covered Under An H-2B Visa

The H-2B visa is intended for temporary non-agricultural workers who seek to stay in the United States of America in order to pursue temporary employment, in contrast to the H-1B visa. It is not designed for highly qualified experts. Jobs listed below are eligible for an H-2B visa:

  • Nannies
  • Fisherman

  • Resort personnel

  • Meat butcher

  • Landscape labor

  • Production workers

  • Construction laborers

Cap Count For H-2B Nonimmigrants

To preserve the balance of immigration, there is a restriction on the number of visas that can be awarded annually. The most visas that may be granted in a fiscal year are 66,000. 33,000 of the total are given out for jobs that start between October 1 and March 31. For jobs starting between April 1 and September 30, the remaining 33,000 visas are granted. There is a time restriction for each H-2B visa to be reserved due to the seasonal and transient demands of foreign workers. Despite the deadline, an experienced H-2B visa lawyer in Encino can help you get exemptions and extensions in a few notable circumstances. Though the H-2B visa application process takes roughly seven months, make sure your H-2B visa attorney starts the process seven months before your employer gives you the all-clear to report for duty.

Rights And Responsibilities For Holders Of H-2B Visas

The American government allows business owners to employ seasonal or temporary foreign employees for non-agricultural activities. However, there are some rights and responsibilities for the employees under this visa.
The most essential entitlement of the holder is that a foreign worker in Encino is free to leave the state while their visa is still in effect, making the capacity to make multiple entries on the visa. The international worker also has complete permission to change occupations if better opportunities materialize in the country. Regarding work, the holders of these visas are entitled to the same legal protections as regular citizens. It is unlawful to discriminate against workers with H-2B visas in terms of wages, perks, earnings, race, or ethnicity, among other things. Furthermore, they have the flexibility to return home in case of emergency.
On the other side, those with H-2B visas must also carry out particular duties. When an H-2B visa expires, the holder must immediately depart the country; those deemed responsible enough to do so are recommended to go with a copy of their passport to avoid awkward circumstances.

Submit Successful H-2B Visa Applications With Our Attorneys

Although it could be profitable for your business to hire foreign workers for seasonal labor, the hiring process may be challenging. The knowledgeable attorneys at Sidman have successfully handled several employment-related concerns in Encino. Our H-2B visa attorneys would be happy to help you with your case. Do you have questions about the H-2B visa? Contact our H-2B visa lawyer by phone at (818) 981-0352 or send an email.

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.

We Can Help You Achieve Your

American Dream

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


Words From Clients

Sidman Law Group Awards & Association

Let’s Get YouWhere You Want To Be

Skip to content