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H-2B Temporary Non-Agricultural Worker Visa

Many Orlando companies rely on the H2-B seasonal guest-worker visa program for extra staff during the busiest times of the year. The H2-B visa allows businesses such as golf resorts, restaurants, hotels, and other specialty service industries to legally hire foreign workers as short-term employees to meet seasonal demand.

While these temporary guest worker visas are critical to the Central Florida economy and provide job opportunities for many, sponsoring a foreign national for seasonal work can be a complicated and time-consuming task. Most employers find it’s best to work with an experienced Orlando Immigration Lawyer to handle the seasonal guest-worker visa process. The employment visa Attorneys at The Rivas law Firm can help. Call 407-644-2466 today for a free consultation.

H2-B Non-Agricultural Visa Requirements

An H2-B visa is generally restricted to jobs that are full-time, temporary (or one-time need), and non-agricultural. Among the required steps, employers must file an Application for Prevailing Wage, conduct Pre-Filing Recruitment with the Florida Department of Economic Opportunity, and advertise the job opening locally. Then they must obtain a Temporary Labor Certification demonstrating the need to hire temporary foreign workers due to the lack of qualified American workers available for the position. The next step is to file Form I-129, Petition for Non-immigrant Worker, with the United States Citizenship and Inmigration Service.

Once all these steps are complete, a prospective worker outside the U.S. may apply for an H-2B non-immigrant visa at the consulate or U.S. Embassy in their home country. The applicant will have to schedule an appointment for a visa interview. The interview is to

establish the candidate’s qualifications. The interviewer will want the worker to show that he, or she, has ties to their home country sufficient to discourage overstaying their visa. The H-2B is strictly for temporary employment. It is valid for a limited period. Workers cannot use the HB-2 to gain permanent residence or citizenship.

HB-2 Visa and Employers

Employers sometimes pay the travel costs to and from America for temporary workers, but they generally do not cover housing costs during the stay. Employers must provide full-time, temporary jobs with at least 35 hours of work per week. Workers must be at least 18 years old. There is no upper age limit, but workers must be physically capable of performing the work. Pay can vary according to the industry and job type, but workers must be paid at least what other workers in the area are paid for similar jobs. An HB-2 worker’s spouses and children under 21 may apply for an H-4 non-immigrant visa, but the employer does not have to pay travel or housing costs.

Working with an Orlando Visa Attorney

Getting visas for temporary or seasonal guest workers shouldn’t be such a burden on employers, but it often is. An experienced visa lawyer can help smooth the way, saving you a lot of valuable time and effort. Call the Orlando Immigration Attorneys at The Rivas Law Firm at 407-644-2466 for a free consultation.

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