look news india
New Delhi: There is a great demand for foreign workers holding H-2B visas in America. The H-2B program allows US employers to bring foreign nationals to the US to fill temporary non-agricultural jobs, which meet specific regulatory requirements. Recently, Congress has fixed the annual quota of H-2B at 66,000.
For the benefit of U.S. employers, the Department of Homeland Security (DHS) and the Department of Labor (DOL) have made available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year 2025. Learn all about the H-2B visa, which gives you the freedom to live and work in the United States.
What is the H-2B visa limit now?
For noncitizens, Congress has set the H-2B limit at 66,000 per fiscal year. Of which 33,000 are for employees who begin employment in the first half of the financial year (October 1 to March 31) and 33,000 are for those who begin employment in the second half. However, if so many workers do not find employment in a fiscal year, the remaining H-2B number does not apply in the next fiscal year.
American companies will have to fulfill these conditions
- He has to prove that he needs employees temporarily for non-agricultural operations.
- Employers must have offers for positions for which there is a shortage of qualified workers in the US.
- Applicant must have a valid job offer in writing from a US employer.
- Applicant must be a resident of a country included in the list of eligible countries.
- The applicant must have experience and educational background that qualifies for the post.
- The applicant must demonstrate that he or she will return to his or her home country after the H-2B visa expires.
This visa program will be valid only for 85 countries
Applications for H-2B visas can only be approved for citizens of countries that the Secretary of Homeland Security has declared eligible to participate in the H-2B program. The Department of Homeland Security releases a list of H-2A and H-2B eligible countries in a Federal Register notice. The name of eligible countries remains valid for one year from publication. This time the list of these countries is effective from November 8, 2024.
People from these 85 countries will get H-2B visa
argentina
israel
new zealand
belgium
Hungary
South Africa
Australia
Italy
spain
brazil
Japan
taiwan
Canada
mauritius
turkey
denmark
Mexico
ukraine
Other countries-67
Note: India, Pakistan and China are not in this list. This list is temporary. Names of countries can be added or removed in this.
Applying for an H-2B visa while in the US
If you are already in the US, an H-2B visa lawyer can help you. Bollor/Carl Immigration Group, APC specializes in assisting both employers and workers through the complexities of immigration law, while ensuring that all requirements are met efficiently and effectively.
Why are H-2B visa applications denied?
The H-2B visa program is a temporary work visa for seasonal workers. What happens if your application is rejected? There are a number of reasons an application may be rejected, including insufficient documentation, not meeting eligibility requirements, or issues related to the employer’s need for temporary workers.
What to do if H-2B visa application is denied?
In many cases, reapplying for an H-2B visa may be a viable option. If your documents are lost or incomplete, you can apply again with these documents. Before applying again it is important to ensure that all required documents are complete and accurate.
You can appeal if your visa application is rejected
If you feel that your application has been unfairly rejected, you may have the option to appeal the decision. In this, a formal appeal can be filed before the appropriate authorities. For this you can take help of a legal expert.
What are the benefits of H-2B visa, when is the demand greater?
The H-2B visa can provide a variety of benefits for both employers and workers. For employers, it allows foreign workers to be hired to fill non-agricultural jobs such as tourism, hospitality, landscaping and construction. This is especially helpful during peak seasons when the demand for workers is very high.
Which industries are in greater demand for the H-2B visa program?
The H-2B visa program is most commonly used in general industries such as hospitality, landscaping, construction, and seafood processing. For example, during the summer months, hotels and resorts may need additional staff to handle the influx of tourists, or landscaping companies may need additional staff to manage the increased demand for services.
How long can a person stay in the US on an H-2B visa?
The initial period of stay for an H-2B visa holder is typically up to one year. However, the visa can be extended for up to one year. This visa can be used in the US for a maximum of three years. After three years, the visa holder must leave the US for at least three months before applying for another H-2B visa.
Who can sponsor workers on H-2B visas?
The sponsor must be a US employer who has a temporary need for workers other than agricultural work to hire the H-2B worker. The employer must prove that the job is of a temporary nature and that there are no qualified U.S. workers available to fill the position. Additionally, the employer must demonstrate that hiring foreign workers will not negatively impact the wages and working conditions of similarly employed US workers.
