Expertise. Creativity. Results.
Providing Immigration and Personal Injury Counsel in
Los Angeles, CA

Essential Workers (H-2B)

Workers who are seeking vocational training or semi-skilled workers who are seeking to fill non-agricultural work positions may be eligible for H-2B visas as essential workers. Landscapers and construction workers are some examples of those who are well-suited to apply for a H-2B visa. However, H-2B visas can only been obtained by citizens of the specific countries Secretary of Homeland Security has approved. There are many restrictions and regulations in place regarding the obtainment of a H-2B visa.

The H-2B is temporary worker visa. The worker seeking a H-2B visa does not need a bachelor’s degree. Nonetheless, H-2 petitions will only be granted and approved if no US workers are available to fulfill the work that needs to be completed. H-2B holders are often called “essential workers”.

To qualify for H-2B nonimmigrant classification, the petitioner must establish that:

  • There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
  • Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.

Those who file for a H-2B visa must only have intent to stay temporarily not permanently. In order to prove this, they must have established a residence in a foreign country outside of the United States which they plan on keeping. If the H-2B visa applicant has already taken steps towards achieving a permanent residence card in the United States, he/she may be denied.

There is a statutory numerical limit, or “cap,” on the total number of foreign nationals who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year. Currently, Congress has set the H-2B cap at 66,000 per fiscal year. In recent years when the cap was exceeded, H-2B visas became unavailable.

The H-2B is a temporary, time-sensitive work visa. Applying for a H-2B visa can be a grueling and complicated process, so you’ll want to make sure that you have an experienced and knowledgeable H-2B immigration lawyer who will help you through the entire application process.

Schedule a Consultation Today

At the Law Office of Gary J. Kim, we take great pride in the personalized attention we provide to each of our clients.  We understand how challenging the process can be, and we will work with you through every step to help you through. To schedule your free initial consultation, call us at (213) 427-6262 or contact us online.