Who can apply for H-2B worker visas?

• The annual limit for H-2B visas is 66,000.
• Half of H-2B visas are doled out in the first half of the fiscal year.
• Workers with H-2B visas can work up to 3 years in the United States.

Find out who can apply for H-2B visas! The United States Congress has set the limit for H-2B visas at 66,000 per year. The first of these are granted to workers who will arrive in the country between October 1 and March 31, while the remaining 33,000 visas are granted between April 1 and September 30.

H-2B visas are part of a program that the United States government has implemented so that employers that comply with certain regulations can request immigrant labor, as long as it is temporary. In general, a worker who obtains an H-2B visa can work in the country for up to three years. Find out who can apply for an H-2B visa!

Non-agricultural workers

One of the main conditions to apply for the H-2B program is that the employer complies with the regulations stipulated by the US Citizenship and Immigration Services (USCIS), and that the type of work that the H-2B visa recipient will perform is not linked to farming.

For this, the employer must submit the I-129 form or petition for a nonimmigrant worker. In addition, they must demonstrate that the immigrant workforce is essential for the permanence of the company, and that the employee has the necessary qualifications to successfully meet the objectives set by their potential boss.

Visas for people living in authorized countries

Not all temporary immigrant workers are eligible when it comes to who can apply for H2B visas to be part of the H-2B program. Although it is extensive, it is important that the employer thoroughly review the list provided annually by the Department of Homeland Security on its website.

The only way for the Department of Homeland Security to grant an H2-B visa to a worker from a country other than the ones on the list is for the applicant to declare that both their company and the country will benefit from the arrival of the immigrant thanks to their capabilities and potential performance in a specific area.

Casual workers

Occasional employees can also apply for the H-2B visa, that is, those who will work only once with an employer that requires a skilled workforce to fill a position that, in general, is permanent but that because of specific circumstances (such as a short-term special event) requires specific help to be successful.

In these cases, the company that requests the presence of one-time workers must demonstrate that they have not requested the services of an immigrant employee receiving the H-2B visa in the past, and that they will not need these types of services in the future.

Visas for temporary workers

Another option to qualify for the H-2B visa is that the company that makes the petition of the worker verifies that the position requested is performed seasonally and that these are recurring; that is, that the position to be filled is due to a specific event or a need that occurs annually.

According to CNN en Español, in these cases it is impossible to request immigrant labor when the event has occurred unexpectedly, or if its season has variations in dates. Nor is it possible to grant permission if it is to cover a position where the permanent employee is on vacation. To learn more about who can apply for the H-2B visa, check the USCIS website , where you will find detailed information about the requirements and waiting periods related to this program.