H-2B Visa

While a limited amount of H-2B Visas are issued each year, the visa is nonetheless useful. The H-2B visa enables U.S. businesses, such as hotels, construction companies, and landscapers, to fill temporary needs for nonimmigrant workers. This visa is also occasionally used to hire professional basketball or hockey players. Many individuals who are unable to obtain an O or P Visa decide to apply for this visa instead. The visa is not self-petitioned, which means you will need an employer to sponsor you.

Your spouse and unmarried children under the age of 21 may join you in the U.S. under the H-4 status. Dependents are not permitted to work unless they personally qualify for a work visa.

For more information about the H-2B Visa, contact an experienced Sugar Land lawyer today at the Law Firm of Esani & Momin.

Many people who otherwise are ineligible to enter the U.S. tend to rely on the H-2B Visa for entry, with the cooperation of an employer. The employer makes the specific request as the sponsor, and when approved, the employee can legally be present in the U.S.

Employers initiate the request for an H-2B employee by filing Form I-129 with the U.S. government. The form, titled “Petition for a Nonimmigrant Worker,” spells out all the required details as well as eligibility specified to the government for the affected applicant. That includes detailing the justification for the foreign worker, how there is no negative impact on domestic employees, the nature of the need being temporary, and that the need will neither be recurring nor has it happened before. Alternatively, if the labor need is seasonal, how that work demand is periodic in nature.

Given the clear legal angle of the application, professional help is a smart idea. Esani & Momin, P.C., can help. Our experience and knowledge in handling similar cases can make a difference in a successful application.

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