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The H-2B visa is used by U.S. companies to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions.
The U.S. company must prove that it intends to employ the foreign national for a temporary period and the employer's need for the skills possessed by the foreign nationals must also be temporary and the employer must seek a labor certification from the U.S. Department of Labor.
The U.S. company must file a nonimmigrant visa petition with the INS Service Center having jurisdiction over the place where the foreign worker will be employed.
Once a petition has been approved, the foreign national must take the approved petition and apply to a U.S. consulate for an H-2B visa.
An employee with H-2B status is given an initial period of one year to remain in the U.S.
Yes. An employee may apply for two one-year extensions of stay.
The maximum period for which a temporary employee can be admitted to stay in the U.S. in the H-2B status is three years.
The information contained herein is intended for general informational purposes only. It is not intended as legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Please note that information as well as government fees are subject to change without notice. For current fees and information contact the respective government agency directly.
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