The H-2B visa for temporary non-agricultural workers is for foreign nationals who meet certain requirements to fill jobs not related to agriculture in California. Due to the benefits of working in California, many foreign nationals may wonder how to get H-2B visas in California. By informing themselves of the process and its requirements, they can optimize their chances of having a successful application.
In order to apply for the H-2B, petitioners need to be able to show that their organization demonstrates a certain demand for workers. They must show the United States Immigration and Customs Services, or USCIS, that there is currently a lack of US workers who are qualified, able, willing, and present to carry out the temporary work that is needed.
The employer will also have to prove that employing H-2B workers will not negatively affect the working conditions and wages of US workers who are similarly employed.
The employer must also show that their need for the labor or service of the prospective worker’s services or labor is only temporary. According to USCIS, a job can be considered temporary if one of the following criteria is met:
In addition to demonstrating one of the above options, H-2B petitioners will also have to show their temporary labor certification that they must acquire from the Department of Labor. If you are unsure whether your organization qualifies to hire foreign workers through the H-2B program, an experienced immigration lawyer can assist you. Immigration matters in California are generally handled at:
USCIS Los Angeles Field Office
300 North Los Angeles Street, Room 1001
Los Angeles, CA 90012
USCIS San Francisco Field Office
630 Sansome Street, 4th Floor
San Francisco, CA 94111
The process of obtaining an H-2B visa to work in California requires careful planning because each step has strict deadlines. Employers must obtain a Prevailing Wage Determination (PWD) from the Department of Labor, which usually takes 30-60 days.
Then, they must file a Temporary Labor Certification (TLC) between 75 and 90 days before the employment start date. TLC processing typically takes around two months, so filing early is crucial.
Once the certification is issued, the employer submits Form I-129 to USCIS. This form is typically processed within several weeks or shorter if you opt for premium processing. After approval, prospective workers apply for an H2B visa abroad at a U.S. consulate. Interviews are scheduled one to three weeks after the petition is approved.
Compared with other visa categories, the H-2B program is limited and highly time-sensitive. Unlike H-1B visas, which are for specialty occupations, H-2B visas are for temporary non-agricultural jobs, such as those in the hospitality, landscaping, or construction industries. They also differ from H-2A visas, which are reserved for agricultural labor. Due to the cap on H-2B visas, employers and workers must be cautious to avoid missing filing deadlines.
If you are applying for an H-2B visa in California, your top priority should be to hire a visa attorney. In FY 2024, 142,063 foreign nationals were issued H-2B visas or otherwise acquired H-2B status, and many of those efforts were successful due to the work of a visa lawyer. H-2B visa laws are complex, and attorneys bring years of experience handling visa cases that lead to favorable outcomes for clients.
While obtaining some form of immigration stats has never been easy, the process has become more uncertain in recent years. In 2024, USCIS welcomed 818,500 citizens, marking a 7% decline. An attorney can handle the complexities of your application, ensuring you don’t miss important deadlines or make errors on your filing forms.
Getting a United States H-2B visa to work in the USA requires finding a company or organization that has a temporary demand for non-agricultural labor. Ideally, the employer may have already obtained a certified Labor Certification Application from the Department of Labor.
After you have successfully been recruited for the job, they will need to have a petition approved with USCIS on your behalf. After the petition has been approved, you can apply for a nonimmigrant visa abroad at your nearest US consulate or embassy.
The cap count for H-2B visas in the fiscal year of 2025 is 66,000, with 33,000 being admitted in the first half of the fiscal year and another 33,000 being admitted in the second half of the fiscal year 2025. This cap was designated under the Immigration and Nationality Act (INA), which sets a numerical maximum on the number of foreign nationals allowed to receive an H-2B visa during a fiscal year.
Unfortunately, it is not uncommon to become subject to H2-B abuse or fraud. However, this can be reported to USCIS using their designated online tip form. By working with experienced immigration lawyers, you can avoid instances of fraud or scams associated with the H-2B visa process.
The cost of an H-2B visa lawyer depends on a variety of factors, including the location of the law firm, the experience and reputation of the legal representative, the complexity and nature of the case, and the specific services required. By discussing pricing and payment options upfront, you can avoid miscommunication with your lawyer about H-2B process financing.
If an H-2B petition is denied, your employer can take steps to correct the errors and refile. In some cases, they may be eligible to file an appeal with the Administrative Appeals Office (AAO). Workers may also explore alternative visa options, such as the H-2A or H-1B visa, if they are eligible. Filing errors can lead to serious setbacks, which is why seeking legal representation beforehand is highly advisable.
In addition to foreign national workers, the H-2B visa program greatly benefits organizations and other agents in California and the United States. They get to hire employees who are greatly needed for certain reasons, such as a surge in demand or seasonal needs.
By working with a qualified and experienced immigration lawyer from U.S. Law Center, businesses can optimize their operations and avoid supply chain interruption, thanks to the H-2B visa program. Don’t hesitate to contact us right away to start the process of enriching your workplace today.
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