H-2B Visa Lawyers in Skokie
Representing Foreign Workers & U.S. Employers
The H-2B nonimmigrant program allows employers to hire foreign workers to come to the United States and perform temporary non-agricultural services or labor on a one-time, seasonal, peak load, or intermittent basis.
Whether you are a business owner seeking temporary employees or a foreign national seeking seasonal work in the U.S., Gambacorta Law can help you apply for an obtain the appropriate visa. Our H-2B visa attorneys in Skokie have helped numerous workers and employers navigate the complexities of U.S. immigration law.
Who Can Obtain an H-2B Visa?
Temporary or seasonal employment opportunities in the United States sometimes offer foreign workers a better opportunity to provide for their families compared to the jobs available in their native countries. Many American businesses draw on international labor during periods of heightened productivity or demand. H-2B visas are the solution for many of these needs.
An employer’s need is considered temporary if it is a:
- Recurring seasonal need: The employer must prove that the service or labor for which it seeks workers is tied to a particular season by an event or pattern.
- Peak load need: The employer must prove that it regularly employs permanent workers but needs to supplement its staff temporarily because of a seasonal or short-term demand. They must also demonstrate that the temporary additions will not become part of their regular operation.
- Intermittent need: The employer must prove that it has not employed permanent or full-time workers to perform the seasonal services. They must demonstrate that they occasionally need temporary workers to perform labor for short periods of time.
- One-time occurrence: The employer must prove that it has not employed workers to perform the service or labor in the past and will not need workers to perform the services or labor in the future. Alternatively, this could apply to an employment situation that is otherwise permanent, but a short-term event has created the need for a temporary worker.
H-2B Visa Cap
H-2B visas are subject to an annual cap. Only 66,000 new H-2B visas are issued by congress each fiscal year. 33,000 are allocated in the first half of the fiscal year (October 1- March 31) and 33,000 are distributed in the second half of the fiscal year (April 1- September 30). Unused numbers from the first half are made available for use by employers seeking to hire H-2B workers during the second half. That said, temporary worker must not crowd out a qualified U.S. worker in the region of the employment and the proposed employment must not unfavorably affect the working conditions of the similarly employed U.S. workers.
If you need help applying for an H-2B visa, consult with Gambacorta Law today. Call (847) 443-9303 now.