Wilner & O'Reilly, APLC
One Practice. One Focus. One Passion: Immigration Law.

How to bring temporary workers into the US with an H-2B visa

Orange residents who are looking to hire temporary workers from outside the country may be interested in more information about the process. Bringing a foreign worker into the U.S. comes with multiple requirements that must be fulfilled in order for the visa to be granted.

In order for an employer to bring workers into the country for non-agricultural work on a temporary basis, they must submit a petition with USCIS on behalf of that worker for an H-2B visa. The government has produced a list of valid countries from which workers can come. There are some additional requirements that must be met before this temporary employment visa can be granted. First, the employer must prove that there aren't enough qualified or available workers in the U.S. to do that particular temporary job. Next, they must show that hiring this foreign worker will not impact other Americans' wages or working conditions. Lastly, the employer must show that the work is indeed temporary in nature.

Proving the temporary nature of the job can be done in a few ways. The employer can show that the job is a one-time occurrence or that it is strictly seasonal, meaning that it is recurring on a regular basis. The employer can also demonstrate that the temporary worker is needed during a particularly heavy workload period to meet short term demand or that such workers are needed intermittently.

However the employer shows the temporary nature of their need for a foreign employee, they must also be certified for temporary labor by the Department of Labor. This certification must accompany the petition. This process can be difficult without the assistance of employment immigration attorneys. The attorneys may be useful in filing the necessary petitions and ensuring ongoing compliance.

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