Do I need a lawyer for my Immigration or travel services? Can’t I follow the steps for a temporary labor certification application online?
Often, people plagued with these questions ultimately doubt the value of visa lawyers and how much they provide guidance to visa holders.
This may be due to the cost involved in getting one or the false notion that it is always straightforward.
Immigration laws governing nonimmigrant visas differ from country to country, and there are constantly changing rules in getting visas to these countries.
For instance, the United States experiences a steady influx of individuals hoping to study, live or work there as such increases its annual cap.
For every new petition, homeland security determines the qualification for getting these visas by different workers who want to work anywhere in the United States or her home country.
H-2B Visas and the Need to Get an H-2B Visa Lawyer
While some H-2B visas are provided in the first half of a USCIS fiscal year, additional visas are provided in the last half.
The workers covered by these procedures include, but are not limited to, prospective workers, unskilled workers, and those seeking temporary work or labor in the region provided they have a valid phone number.
To get an H-2B Visa for work, you need an immigration lawyer to navigate the often complex family immigration procedures for visa holders.
You will need the help of immigration attorneys to guide you through the application process
It would help if you had a H-2B visa lawyer if you are a foreign worker, particular employer, or want to get H-2B visas for temporary workers or foreign residence, and most often, online assistance won’t suffice to answer all your questions.
This article will explain why you need an H-2B visa lawyer, what jobs qualify for the visa, and much more information.
How Much Does it Cost to Sponsor an H-2B Visa?
First, before we get into the fees, let’s clarify some things about the H-2B visa;
The H-2B visa is reserved for non-immigrants, and it allows U.S. employers to hire foreign workers beginning employment for temporary non-academic or agricultural work.
It also emphasizes the need to create good working conditions that does not negatively affect any nonimmigrant worker or create legal issues that can adversely affect them.
These job types available for foreign workers usually come in four classifications. You have the seasonal, the one-time, the intermediate, and lastly, the peak-load jobs.
H-2B Visa for Temporary Workers and Temporary Labor Certification
The H-2A visa is the direct opposite of the H-2B visa, especially by the application process, just in case you get confused with the two visa types.
It is meant for temporary non agricultural workers, and it is different from temporary employment in the non-agricultural sector.
Both skilled and unskilled non-agricultural workers are qualified to apply for the US H-2B visa and get permanent residence based on their immigration case.
However, as an applicant, you must have a job offer from an eligible U.S. employer and create an helpful attorney client relationship to meet the requirements provided by homeland security for American workers.
The United States Citizenship and Immigration Services requires a processing fee of about $460 to have an H-2B petition approved.
If you have to seek admission or make visa applications for up to one year at a consulate abroad or an embassy, the visa fee can be up to $190 inclusive of border protection.
Naturally, certain other fees may be required depending on your nationality or deportation defense.
Then for individuals who apply with premium processing that guarantees to process within fifteen days, you can accrue an extra fee of up to $1500.
This processing provides a decision on Form I-129, which most U.S. employers in dire need of workers use.
For better clarity, here are the fees you would need to pay for an H-2B visa application on an intermittent need for yourself or family members;
- Form I-129 filing fee $460
- Form DS-160 filing fee $160
- Form I-129 Premium Processing fee $2500
Also, other fees can apply, such as the Visa Insurance Fee that differs based on whether you are full time workers or for a one time occurrence.
However, this fee varies between nationalities by fiscal year. An agent, petitioner, or recruiter is prohibited from collecting a fee or any other compensation from an H-2B worker as a condition for employment.
Does a Lawyer or an Immigration Law Firm Help With H-2B Visas?
As anyone who has been through visa processes will tell you, moving through any area of immigration law is not something you would want to do alone as following requirements can be time consuming.
There is an extensive paperwork process that goes along with the immigration of employees by a new employer and vital formation required at each stage of the whole process
This is usually difficult for natural-born U.S. citizens, let alone foreign applicants from other countries who might not have English as their first language.
Lack of information and technical know-how can be a barrier for potential immigrants who want to work and live in the United States.
Visa lawyers save you a lot of trouble in application processes and the acquisition of past and current information on visa processing.
Good immigration lawyers are seasoned by experience, and they can help you avoid silly mistakes and maneuver permits and certain regulations.
What Jobs Qualify for H-2B Visa?
Firstly, to qualify for an H-2B visa, employers and employees must meet certain specific requirements.
Employers must have a valid need, the job must be within a year, and there must be no qualified or willing U.S. workers available for the job.
Employees must have a valid job offer from a U.S. employer and the right skill and correct background for the job, and they must return home before the expiration of their H-2B visas.
The H-2B visas are employed for many jobs such as home attendants for ill patients, entertainers, athletes, ski instructors, business trainers, camp counselors, and many more.
How Long Can You Stay in the US With H-2B?
Generally, you can stay as long as three years in succession when given an H-2B work visa. This is primarily dependent on an extension for qualifying employment.
Usually, individuals given the H-2B work visa are allowed an official one-year stay. Then upon an extension request, it can be extended in increments of just one year each until the 3rd year.
As an individual who has held an H-2B status for up to three years, you must leave the United States and remain outside the country for an uninterrupted time of at least three months.
After this, you become legally qualified to apply for valid readmission as an H-2B non-immigrant.
Lastly, in no way is the extension or readmission process automatic. It requires evaluation of different factors and is not guaranteed to be provided.
H-2B Visa/Status – Temporary And Seasonal Workers
The H-2B visa programs allow applicants to work in different fields in the United States. However, to legally qualify as a temporary job requirement, you must have a one-time, seasonal, intermittent, or peak-load need.
First of all, as an applicant, your temporary status signifies that your stay, work, and livelihood in the United States are not in any way permanent. You would have to keep that in mind and seek other methods of immigration if you intend to live and work in the U.S permanently.
The seasonal need, a requirement for U.S. employers, describes needed jobs or shows more demands during a particular season. A petitioner or a U.S. employer applying for workers based on a seasonal need must;
- Show that the labor required is tied to an event or pattern through a temporary labor certification.
- Such pattern must be of a recurring nature
- Not be unpredictable
The job durations for seasonal needs cannot change and should not be within the vacation time of permanent U.S. workers.
However, in certain instances, applicants can present a valid temporary labor certification. This ensures that adequate job opportunities are provided for citizens of the country before catering to the needs of foreigners.
However, the National Defense Authorization Act made an exception for certain H-2B petitioners on Guam and the Northern Mariana Islands in 2018. Subsequently, the exception has been amended over the years and changed some preferences.
How Can We Help You as a Professional H-2B Attorney?
An H-2B attorney or an immigration law firm can help foreign nationals navigate the rigors of checking and providing the necessary documents required for petitions.
Also, they can offer valuable advice and counsel on how to show proof of the requirements needed to apply for an H-2B visa.
Talking about an H-2B attorney with experience in immigration law, Richard Herman stands out as one of the best.
To simplify the entire immigration process and ensure you get your H-2B visas or green card for your family, you can fill out our online form and schedule a consultation with us.
Alternatively, you can call us on +1-800-808-4013 or reach out to us via ZOOM, Skype, or WhatsApp with the assurance that we would be ready to help.
An immigration attorney is an important part of the immigration process, so having one by your side during the entire activity will exponentially increase your chance of acceptance.
H-2B visa processes are particularly tedious and extensive hence the large period required to complete applications.
So, whenever you harbor doubts about immigration processes for yourself or a family member relating to requirements or regulations, want only a temporary need, do not hesitate to get an H-2B visa lawyer.
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