H-2B Visas for Temporary Non-Agricultural Workers

landscape contractorThe H-2B visa permits US employers to bring foreign nationals to the United States for the purposes of filling temporary, non-agricultural jobs.  It is commonly used for occupations in the hospitality (hotels, ski resorts), retail, and service industries (landscape contractors).

Congress has set a numerical limit, or “cap” on the number of H-2B visas to be issued on an annual basis, currently set at 66,000 per fiscal year.  The cap is split into two parts: 33,000 for workers who begin employment in the first half of the fiscal year (October 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – December 31). H-2B visas are valid for a period of 9 months.

Who May Qualify for H-2B Classification?

ski instructorTo 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.  The employer’s need is considered temporary if it is a(n):
  • Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.  The employer’s need is considered temporary if it is a(n):

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The Grady Firm, P.C. Expands to Orange County with Irvine, CA Office

Irvine officeThe Grady Firm, P.C. is pleased to announce the opening of its new office in Irvine, California, to better serve the needs of its clientele in Orange County.  The Grady Firm, P.C. offers services in Business, Immigration, Employment, and Intellectual Property law.  The Irvine location supports the growing economy in technology, life sciences, professional services, and healthcare in Orange County, and is conveniently located with easy access to John Wayne Airport and the 405, 55, and 73 freeways.

The firm’s managing partner, Jennifer Grady, Esq. is a former Irvine resident and graduate of University High School.

See our firm’s Yelp page for reviews of the Irvine office and our Beverly Hills headquarters.

The Irvine Office is located at:

19800 MacArthur Blvd.
Suite 300
Irvine, CA 92612
+1 (949) 354-3201 Continue reading