FAQ: How Long Is H2b Visa Valid?

The maximum period of stay in H-2B classification is 3 years. A person who has held H-2B nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2B nonimmigrant.5

Is there a cap on H-2B visa?

Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct. Any unused numbers from the first half of the fiscal year will be available for employers seeking to hire H-2B workers during the second half of the fiscal year.

Can H-2B lead to green card?

Can I change my status from H2B Visa to Green Card? The H2B Visa is a non-immigrant, temporary program. This means you must go back to your home country when you finish your job or when your visa expires. In other words, you cannot directly change your status from H2B Visa to a Green Card.

How can I extend my H-2B visa?

The employers must apply for H-2B visa extensions on behalf of their employees. The employer may apply for re-certification for an additional two years with one year extensions, but on each new application, the employer must justify the reason for the H-2B extension request.

Can H-2B change status?

Is it possible to change status on the H-2B visa? Indeed! Visa holders who change employers or jobs may apply to have their status changed on their H-2B visas. The new employer must file Form I-129, the Petition for Non-immigrant Worker, at the appropriate USCIS Regional Service Center.

How much is a H2B visa cost?

How Much Does an H-2B Visa Cost? As of January 2021, the USCIS processing fee for an H-2B petition is $460. If you need to apply for a US visa at an embassy or consulate abroad, the visa fee is $190. Certain other fees might apply, depending on your nationality.

What jobs qualify for H2B visa?

Such visas are used for a wide variety of workers, such as business trainers, entertainers, athletes, camp counselors, ski instructors, and home attendants for terminally ill patients. The H-2B visa holder may bring a spouse and children (unmarried, under age 21) to the United States.

Can I get married on a H2B visa?

The short answer is: yes, you can get married in the US while on a B-1/B-2 tourist visa or on a visa waiver program. However, it is still possible to adjust status from a tourist visa or visa waiver after getting married in the US.

What is the PERM process?

PERM (Program Electronic Review Management) labor certification is a process that employers must go through in order to hire a foreign immigrant worker on a permanent basis. It is the first step for a foreign national to obtain a green card.

What is the difference between h2a and H2B?

These have included bills to establish new temporary worker visas for agricultural and nonagricultural workers as well as proposals to change the existing H-2A and H-2B programs. In recent Congresses, the latter proposals have been more common.

How long can H-2B workers stay?

The maximum period of stay in H-2B classification is 3 years. A person who has held H-2B nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2B nonimmigrant. 5

Can I extend my H2B visa after 3 years?

An H2B visa is usually issued for a period of one year, and can be extended by two one-year extensions for a maximum of three years in H2B visa.

Can I hire an immigrant?

Can an employer sponsor an immigrant? Yes. You will need to apply for certification from the Department of Labor and prove that you have sufficient funds, including bringing the immigrant to the United States and helping him or her to stay there legally.

Can I stay in the US while my i 539 is being processed?

Things to Remember When Filing A Visitor Visa Extension You can stay in the U.S. for 240 days after the expiry date on your I-94 if you have proof of an I-539 application. The 13-digit case number and receipt notice by USCIS acts as proof of an existing I-539 document in process.

Can a h2a worker apply for green card?

Does the H-2A visa lead to a “green card” (permanent residence) or US citizenship? No. The H-2A is a nonimmigrant visa issued for a limited period of time. It does not put workers on a path to permanent residence in the US or American citizenship.

Can a work permit holder apply for green card?

You may apply for a green card, but not for a U.S. work permit, while living abroad. Work permits are available only to relatives of U.S. citizens and green card holders who file their green card application from within the United States.