U.S. employers may petition for skilled or unskilled
alien workers to meet temporary or seasonal needs in
positions for which qualified U.S. workers are not available.
It is important to note that the employer’s need
for such services must be temporary. There is currently
an annual cap of 66,000 visas for H-2B workers. Your
spouse and unmarried children under the age of 21 are
allowed to join you in the U.S. under the H-4 status.
Dependents are not permitted to work, unless they personally
qualify for a work visa.
Steps
The first step is to apply for a Temporary Labor Certification
from the U.S. Department of Labor (DOL). You must meet
all requirements of the DOL, and you must prove that
there are no U.S. workers available for the proposed
position.
Petition Document Requirements
- An approved temporary labor certification.
- Proof of your qualifications for the position.
- An approved temporary labor certification.
- Proof of your qualifications for the position.
- A letter detailing the nature of the position.
- Proof of the temporary nature of the position.
- A letter detailing the nature of the temporary
need for foreign workers.
Including more than one alien in a petition
A single petition may cover multiple workers if
- they will perform the same services
- they will work in the same location
- they are included on the same labor certification
and,
- they come from places that are served by the same
U.S. consulate, or, if visa exempt, they will enter
at the same port of entry
Disclaimer
" Any information on this website should
not be construed as legal advice for any individual
case or situation. The information is intended to be
general and should not be relied upon as being specific".
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