There are many options that a person should explore when they are looking to come to the United States to work. One of those options is known as the H-2B Temporary Non-Agricultural Workers program. This is a highly competitive program for many people because the United States puts a cap on the number of people who are eligible to be employed as an H-2B nonimmigrant worker each year. This cap has been set at 66,000.
In order to become eligible for this program, a employer must petition for the worker they are hiring. They must prove that the United States does not have enough of their own workers who are able and willing to do the work. It is important to know that it is only temporary work, and performing the work will only occur one time, it is seasonal work, or it is either peakload or intermittent need. Within each of these categories, there are a lot of various factors that also must be considered in each different category of need. The petitioning employer has to prove that there will be no negative impact on wages or working conditions of U.S. workers by hiring H-2B workers. Finally, petitioning employers must go through the United States Department of Labor in order to obtain a valid temporary labor certification.
There are a lot of steps that must be taken in order to have your H-2B work petition approved. The person petitioning on your behalf must first submit the temporary labor certificate application to the Department of Labor and the Form I-129 to the USCIS. After those forms have been approved, the worker themselves will have to apply for the the H-2B visa.
If you have questions about petitioning for an H-2B worker or becoming an H-2B worker, contact an experienced immigration attorney.
John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.