H-2B Visa: Working and living in America is a big dream of people from many countries of the world, including Indians. America issues many types of visas to obtain a green card. One of them is the H-2B visa. This visa allows foreigners to work and live in America. Let’s find out what this visa is and whether Indians are also eligible for this visa.
There is a huge demand for H-2B visa holders in America. The H-2B program allows US employers who meet specific regulatory requirements to call foreign nationals to America for temporary non-agricultural jobs. Congress recently fixed the annual quota of H-2B visas at 66,000.
For the benefit of US employers, the Department of Homeland Security (DHS) and the Department of Labor (DOL) have made available an additional 64,716 H-2B temporary non-agricultural worker visas for FY 2025. Know all about the H-2B visa, which gives freedom to live and work in America.
H-2B Visa: What is the limit of H-2B Visa?
H-2B Visa: What is the limit now?
For non-citizens, Congress has set the limit of H-2B visas at 66,000 per fiscal year. Of this, 33,000 are for workers who start work in the first half of the fiscal year (from 1 October to 31 March), and 33,000 for those who start work in the second half. If this many workers are not found in a fiscal year, the remaining H-2B numbers are not used in the next fiscal year.
H-2B Visa: American companies must fulfill these conditions
1. Must prove the need for temporary employees for non-agricultural work.
2. Employer must have positions available for which there is a shortage of qualified workers in the US.
3. Applicant must have a valid written job offer from an American employer.
4. Applicant must be a citizen of a country included in the eligible countries list.
5. Applicant must have experience and education that qualifies for the position.
6. Applicant must show that he will return to his home country after the H-2B visa expires.
H-2B Visa: This Visa Program will be valid only for 85 countries
H-2B Visa: Eligibility for H-2B Visa Application
H-2B visa approval can be given only to citizens of those countries that have been declared eligible for the H-2B program by the Homeland Security Secretary. The Department of Homeland Security publishes the list of H-2A and H-2B eligible countries every year through a Federal Register notice. This status of eligible countries is valid for one year. This year, this list will be effective from November 8, 2024.
H-2B Visa: H-2B Visa will be given to people from these 85 countries
Here’s a neatly formatted table:
| Sr. No. | Country |
|---|---|
| 1 | Argentina |
| 2 | Israel |
| 3 | New Zealand |
| 4 | Belgium |
| 5 | Hungary |
| 6 | South Africa |
| 7 | Australia |
| 8 | Italy |
| 9 | Spain |
| 10 | Brazil |
| 11 | Japan |
| 12 | Taiwan |
| 13 | Canada |
| 14 | Mauritius |
| 15 | Turkey |
| 16 | Denmark |
| 17 | Mexico |
| 18 | Ukraine |
H-2B Visa: And 67 Other Countries
Note: India, Pakistan and China are not included in this list. This list is temporary and names of countries can be added or removed from it.
If you are applying for H-2B Visa while living in the US
If you are already in the US, then an H-2B visa lawyer can help you. Bolor/Carl Immigration Group, APC helps both employers and workers understand the complexities of immigration law and fulfill all requirements efficiently.
H-2B Visa: Reasons for H-2B Visa Application Rejection
H-2B visa is a temporary work visa meant for seasonal workers. But what if your application is rejected? There can be many reasons behind this such as incomplete documents, non-fulfillment of eligibility requirements, or any problem related to the employer’s requirement of a temporary worker.
H-2B Visa: What to do if H-2B Visa Application is Rejected
In many cases, re-applying for H-2B visa can be a right option. If your documents are lost or incomplete, you can complete them and apply again. Before applying again, it is important to ensure that all documents are correct and complete.
H-2B Visa: You can appeal if your visa application is wrongly rejected
If you feel that your application has been wrongly rejected, you can appeal against it. In this process, a formal appeal has to be filed which is presented before the correct authorities. For this, you can take the help of a legal expert.
H-2B Visa: Benefits of H-2B Visa and when there is high demand
H-2B visa can bring many benefits to employers and workers. For employers, it provides an option to hire foreign workers who work in non-agricultural jobs such as tourism, hospitality, landscaping, and construction. This is very helpful during peak seasons when the demand for workers is very high.
H-2B Visa: Which Industries Have High Demand for H-2B Visa
The H-2B visa program is mostly used in industries such as hospitality, landscaping, construction, and seafood processing. For example, hotels and resorts need more staff during the summer months to handle the influx of tourists. Similarly, landscaping companies need extra workers to fulfil their work demands.
H-2B Visa: How long can one stay in the US on H-2B Visa?
The initial stay period for an H-2B visa holder is a maximum of one year. However, this visa can be extended for one year at a time. In this way, this visa can be used for a maximum of 3 years. After 3 years, the visa holder has to leave the US for at least 3 months and only after that he can apply for an H-2B visa again.
H-2B Visa: Who can sponsor H-2B Visa Workers?
The sponsor must be a US employer who has a temporary need to hire workers in a field other than agricultural work. The employer has to prove that the job is temporary and that no qualified US worker is available for the position. The employer also has to show that hiring foreign workers will not have any negative impact on the wages and working conditions of US workers.
