Requirements and how to request an H-2B temporary work visa in the United States
(Spanish CNN)-Every year, the United States grants thousands of H-2 visas to workers with or without experience (not professionals and without an academic degree) to temporarily work in the country.This category is divided into two types of visas: H-2A for agricultural workers and H-2B for non-agricultural workers.
In 2020, USA granted a total of 65,716 H-2B visas, mostly occupied by gardeners, forest workers and meat cutters.
The National Security Department (DHS) announced on Thursday, January 27, the availability of 20,000 additional H-2B visas for non-agricultural temporary workers for the first half of fiscal year 2022. These additional visas can be requested by theAmerican employers as of January 28.
The countries whose citizens received a greater number of H-2B visas were Mexico with 74.7%, followed by Jamaica with 8.9%and Guatemala with 2.7%, according to a report of the citizenship and immigration service ofUnited States (USCIS).
Unlike H-2A visas, H-2B visas are subject to an annual limit determined by the Congress that is currently 66,000 workers per year.
Despite the annual limit, the National Security Department (DHS) announced at the end of January the availability of 20,000 additional H-2B visas for non-agricultural temporal workers for the first half of fiscal year 2022.
However, 13,500 of these visas are available for workers who return to temporary jobs to the US under an H-2B visa or for those who were granted H-2B status for one of the last three fiscal years,The remaining 6,500 visas are reserved for citizens of Haiti, El Salvador, Guatemala and Honduras.
Lee: The shortage of workers in the United States is real and aggravates every day, according to the CEO of the US Chamber of Commerce.
On the Dol website you can see the temporary works available in the United States, as well as their description, duration, location, pay and contact.
But what is the process to request this visa and who qualifies?Here are the steps to get an H-2B visa.
Requirements for employers
The petitioner or employer must demonstrate that there are not enough US workers who are "trained, willing, available and qualified to perform temporary work."
Using workers under the H-2B visa should not adversely affect US workers used in similar tasks, and the work of candidate workers must be temporary.The USCIS considers it temporary if a job:
Broadly speaking, the application process to the H2-B program is as follows:
- El peticionario presenta una solicitud de Certificación de Empleo Temporal para Mano de Obra Extranjera del DOL.
- El peticionario deberá presentar un Formulario I-129 ante USCIS.
- Los trabajadores candidatos que estén fuera de EE.UU. deberán solicitar la visa H-2B en una embajada o consulado estadounidense en el extranjero para luego solicitar admisión en un puerto de entrada. A la cita deberán llevar un pasaporte vigente, un número de petición válido (se encuentra en la oferta de trabajo) y el comprobante de pago de solicitud de visa de US$ 190.
How long can I work in the US with an H2-B visa?
The maximum stay period is 3 years.After 3 years, the beneficiaries of the H-2B visas must leave the US for a period of 3 months uninterrupted before requesting the readmission under the same type of visa.
The H-2B visa is granted for a period of one year, although this can be requested for two extensions of up to one year.The extension request must be submitted before expiration and workers may remain in the US during the extension process.
The workers who receive the extension do not have to process a new visa, as long as they do not leave the US, and in case of returning to their country of origin, they must request a new visa before re -entering the North American country.
Can I bring my family to the US?
Yes. An H-2B worker can bring to his spouse or single children under 21 years of age under the H-4 classification.However, relatives are not eligible to work in the US
EL ELLIGHTABLE COUNTRY FOR H-2B VISAS
These are the Latin American countries eligible to participate in the H-2B program in 2021:
More about immigration:
Editor note: This note was originally published in July 2021 and updated in January 2022.
