H-2B TEMPORARY OR SEASONAL WORK VISA

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The H-2B visa category is one of the only visa categories that provided work authorization for unskilled laborers to work in the USA. This category is highly in demand for individuals who may not be eligible to apply for any other US Visa. The H-2B category is invaluable for many US employers who rely filling temporary or seasonal positions which would be impossible to fill with US workers. Small resort towns, for example, would not be able to staff the many shops, restaurants and recreational outlets filled with customers during the summer months without filling at some of those temporary jobs with foreign workers.

Unfortunately, successfully sponsoring foreign workers for H-2B visas can be a very complicated and tricky process due to the visa categories popularity. Each year a limited number of H-2B temporary visas are made available to workers. This numerical limit is referred to as a ‘cap.’ This cap of available visa numbers is set by Congress at the beginning of every year, which is October 1st. Caps control the number of workers which can be issued a visa in a given year to enter the USA.
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Who can apply?

The H-2B visa allows employers to sponsor foreign workers to temporarily come to the USA to perform non-agricultural services or labor on a one-time, seasonal, peak-load or intermittent basis. Examples of H-2B positions include food servers, front desk workers, restaurant hosts and bus staff, housekeepers, life guards, line cooks, maintenance workers, retail salespeople, ride operators, ski instructors and ski lift operators.


Call the Law office of Brian T. O’Neill at 617-722-4000 or contact us online. We will gladly answer your questions or schedule a consultation.