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What is the H2B visa program? And is it right for your business?



What is the H2B visa program? And is it right for your business?

While there are benefits for foreign nationals in the H-2B visa program, the prospective employer must also consider whether the program benefits the business. The employer must apply for the employee on their behalf. The ball is in the employer’s court, but even with this advantage, specific requirements must be met to proceed with the hiring process.

For instance, the employer must show evidence that U.S. workers’ wages and working conditions will not be adversely affected. To apply, the employer must also demonstrate that the need for the work is short-term. Going about this process is challenging, especially for employers unfamiliar with the protocols.

The smoothest way to go about the process is by hiring an attorney, but this might not be feasible for some companies or even worth the hassle. Likewise, you cannot guarantee that the foreign national application will be approved. Read on to learn more about the h2b visa program for further consideration.

What is the h2b visa program?

The h2b visa program accepts non-agricultural employees from specific countries to work in the U.S. As a non-immigrant visa, there are time limits on the length of stay working in the U.S. The time length varies, depending on the justified needs for hiring the worker. For instance, if the employee needs the work for a one-time project, the worker may stay for up to three years.

How do you know if the program’s right for your company?

  • First, consider whether this program is right for the nature of your company. There are now proposed changes to non-immigrant workers that may impact the h2b visa program by no longer allowing construction workers that qualify for H-2a visas.
  • In these cases, the employers would likely need to recruit the worker using the H-2B program. If you run a construction company, you’ll want to consider these changing legalities before deciding if the h2b visa program is right for your company.
  • Moreover, employers are responsible for ongoing duties after the H-2B visa holders start work in the U.S.; this may not be a responsibility employers want to have.

Employers are required to notify USCIS within a period of two workdays if the following circumstances occur:

  • The H-2B visa holder and non-immigrant worker fails to report to work within the five days of their employment start date.
  • The visa holder leaves work without providing notice and fails to come to work for five days in a row without informing the company of their absence.
  • The non-immigrant, h-2b visa work holder is fired before finishing the project they were hired for, or if the visa holder completes the work before the 30 days in which work was expected to be completed.

Make the decision that’s best for your business.

If you need more help with non-agricultural work and are up for employer responsibilities, the h2b visa program may be right for your business. Contact an immigration attorney for more input on how to make the best hiring decision for your business.