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What is a Temporary Non-Agricultural Work Visa (H-2B)?

A temporary non-agricultural work visa is granted to immigrants in non-agricultural fields (i.e. jobs at ski mountains, beach resorts or amusement parks), under the following conditions:

  • There are not enough domestic workers who are willing and able to fulfill the temporary position.
  • The U.S. Department of Labor has certified the company you are seeking to work for
  • The job is temporary and the employer can vouch that it is either a brief occurrence, a seasonal need, or a peak time during a busy season.
  • Although an H-2B visa is only valid for one year, it may be prolonged in increments of one year at a time, with a maximum of three years. There are only 66,000 H-2B visas distributed each year, however, 33,000 employees receiving this visa are required to work in the first half of the year, and the last 33,000 are required to work in the second half of the year.
  • Applying for an H2-B visa:
  • Prior to the submission of an H2-B visa application by a potential worker, the employer must first submit and get approval on necessary temporary labor certification as well as an I-129 form.

If you or a loved one are seeking to obtain a temporary non-agricultural work visa (H-2B)contact a Los Angeles Gay and Lesbian Immigration Attorney today to see if you are eligible to do so.

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