Massachusetts H-2B immigration attorney outlines H-2B visa eligibility requirements
If you are an employer who needs temporary workers or a foreign national interested in working temporarily in the U.S., a Cambridge Massachusetts H-2B immigration attorney at Ionson Law can assist you with the H-2B visa process. The H-2B visa program allows both skilled and unskilled non-agricultural workers to come to the U.S. to work for temporary periods. Unlike the H-1B visa, H-2B visa workers do not need a college education. Both the job and the prospective employee, however, must satisfy the following requirements.
Requirements that the job must meet
The H-2B visa is intended for employees in temporary positions. To qualify as temporary, the job must be one of the following:
- A one-time occurrence. The employer has not employed workers to perform this work in the past and will not need them in the future or a short-term temporary event has occurred that has created a need.
- A seasonal need. The need for workers recurs during the same season of the year.
- A peak load need. The employer needs to temporarily increase its permanent staff because of seasonal or short-term demand and the temporary workers will not become permanent.
- An intermittent need. The employer needs workers for short periods and has not hired permanent or full-time workers to perform this work.
In addition, there must be no U.S. workers qualified and able to take the job.
Jobs that typically meet the requirements include resort and hotel workers, ski instructors, theme park workers, camp counselors, and entertainers.
Requirements that the prospective employee must meet
For the prospective employee to qualify for the visa, he or she must meet the following requirements:
- Come from a country that participates in the H-2B visa program or qualify for an exception.
- Have a job offer from a U.S. employer for a qualifying job.
- Be qualified to do the job.
- Intend to return home when the visa expires.
Fifty-eight countries currently participate in the program. A list of H-2B participating countries can be found on the USCIS website. to qualify for an exception, a worker from a non-participating country must be able to show that granting the visa would serve the U.S. interest.
Massachusetts H-2B immigration attorney offers assistance with visa applications
A Cambridge Massachusetts H-2B immigration attorney at Ionson Law will be happy to assist you with obtaining an H-2B visa. Please call us at (781) 674-2562 to arrange a free consultation.
