How to Obtain Temporary Hospitality, Retail, and Service Industry Workers Through the H-2B Visa Program

One of the biggest complaints in the hospitality, retail, and service industries is the difficulty in finding and retaining a reliable workforce. Over the past few years, there has been high turnover as companies struggle to recruit and retain workers. However, for employers who need to add to their workforce, there is the option to bring workers from other countries to the United States for a temporary period of nine months out of the year. The H-2B visa permits US employers to bring foreign nationals to the United States for the purposes of filling temporary, non-agricultural jobs, typically in the hospitality, retail, and service industries, such as hotels; ski resorts; water parks; golf courses; amusement parks; restaurants; cruise ships; and the landscaping, groundskeeping, forestry, construction, and meat/fish processing industries.

Who Qualifies for H-2B Classification?

To be eligible for an H-2B visa, the candidate must be a citizen of one of the countries on the H-2B Eligible Countries List. In addition, 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.  The employer’s need is considered temporary if it falls under one of the following categories:
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Diversity Visa Lottery Now Open Until November 6, 2018 for FY-2019

Lottery-Balls-014.jpgFrom October 3 to November 6, 2018, citizens of certain countries may apply for a Green Card though the Diversity Visa Lottery.  Section 203(c) of the Immigration and Nationality Act (INA) provides for a class of immigrants known as “diversity immigrants,” from countries with historically low rates of immigration to the United States. A limited number of visas are available each fiscal year, and there is no cost to register for the DV Program.

Applicants who are selected in the program (“selectees”) must meet simple but strict eligibility requirements to qualify for a diversity visa. The Department of State determines selectees through a randomized computer drawing. The Department of State distributes diversity visas among six (6) geographic regions, and no single country may receive more than seven percent (7%) of the available DVs in any one year.

Who is Eligible?

globeFor DV-2019, natives of the following countries are not eligible to apply, because more than 50,000 natives of these countries immigrated to the United States in the previous five years: Continue reading

Now is the Time to Start Preparing Your H-1B Visa Application

enter-usa-h1b-visaThe H-1B visa is one of the most popular ways for foreign professionals in specialty occupations to obtain a work visa, and even a Green Card in the United States.  A successful H-1B application requires sponsorship by the professional’s employer, and can be granted for three years, with one additional three-year renewal. The H-1B allows U.S. employers to temporarily employ foreign workers in specialty occupations, and requires a Bachelor’s Degree or its equivalent.

Although USCIS will not begin accepting H-1B applications until April 1, 2017, it is critical
to start preparing your application now, as the competition for this coveted visa is fierce.  The H-1B visa has an annual numerical limit, or cap, of 65,000 visas each fiscal year. However, the first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap.  In 2016, USCIS received 236,000 H-1B visa applications within the first five days of the application period. Once USCIS receives enough applications to satisfy the 65,000 quota, it implements a lottery.  The applications that are not selected in the lottery are returned to the sender, along with their filing fees.  In 2016, there was a 25% chance of an application making it through the lottery with a Bachelor’s Degree, and a one third chance with a Master’s Degree.  Continue reading

Apply Now for the Diversity Visa Lottery for the Chance to Obtain a Green Card (Lottery Open Oct. 1 to Nov. 3, 2015)

by Jennifer A. Grady, Esq.

Lottery BallsStarting October 1, 2015, and until November 3, 2015, applicants from eligible countries can apply for a chance to win a Green Card through the Diversity Immigrant Visa Program.

The congressionally mandated Diversity Immigrant Visa Program is administered annually by the Department of State. Section 203(c) of the Immigration and Nationality Act (INA) provides for a class of immigrants known as “diversity immigrants” from countries with historically low rates of immigration to the United States. For Fiscal Year 2017, 50,000 Diversity Visas  (DVs) will be available.
There are no USCIS filing fees to register for the DV program. (*Be weary of potential scams from “notarios” or immigration agents and consultants).

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