2024 How to Get H-2B Visas in California?

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.

Qualification for the H-2B Classification

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:

• There is a seasonal need for that work, which is tied to a specific season due to a pattern or an event, such as the surge in demand during Black Friday and the Christmas holidays.
• There is a one-time occurrence of short duration that has led to a necessity for work. This will not happen again in the future.
• There is a peak load need, which means that the staff normally working must be supplemented due to peak load demand. This will not be a regular pattern of operations in the future.
• The petitioner has labor needs for jobs that their workers typically don’t perform. These jobs must be carried out for a short term.

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.

Getting an H-2B Visa in California

The process of getting an H-2B visa to work in California involves processing documentation on both the end of the potential worker and the employer who has a temporary demand for labor. The steps generally include:

• Acquiring a Temporary Labor Certification Application. Before an employer can petition to hire foreign talent for their temporary labor needs, they will have to get a Labor Certification Application certified by the Department of Labor. This process is extensive and can be lengthy. Therefore, it is advised to have adequate legal representation.
• Submitting a Form I-129. The petitioning organization will need to submit Form I-129, along with the temporary Labor Certification Application, to United States Customs and Immigrations Services.
• Applying for an H-2B Visa Abroad. After the petition has been approved by USCIS, the potential employer will then apply for a nonimmigrant visa at their nearest US embassy or consulate abroad.

In certain cases, prospective workers may be able to gain direct admission to the United States without having to obtain an H-2B visa. If you are a prospective worker, an experienced H-2B visa lawyer can help you understand whether or not you need a visa, as well as the specific steps you can take to obtain your visa abroad.

They can also help you and your employer ensure that you stay in accordance with legal regulations during your stay as an H-2B visa worker.

FAQs

Q: How Can I Get an H-2B Visa to Work in the USA?

A: 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.

Q: What Is the Fiscal Year 2024 H-2B Cap Count?

A: The cap count for H-2B visas in the fiscal year of 2024 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 fiscal year 2024. This cap was designated under the Immigration and Nationality Act, or INA, which puts a numerical maximum on the number of foreign nationals who are allowed to receive an H-2B visa during a fiscal year.

Q: How Can I Report H-2B Visa Fraud?

A: 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.

Q: How Much Does an H-2B Visa Lawyer Cost?

A: 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.

Contact an Experienced H-2B Visa Lawyer Today

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.