If you have a family member who is trying to obtain temporary work here in the U.S., the employer considering hiring them will have to submit a petition to bring them over. This can be accomplished by filing Form I-129, Petition for Nonimmigrant Worker. Basically, this petition is for someone who is trying to fill in at a temporary nonagricultural job here in the U.S. There are certain guidelines and criteria you are going to want to be aware of and some this information is provided below for your convenience.
Before an employer can consider submitting Form I-129, it must be established that “there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work” [Source: U.S. Citizenship and Immigration Services, USCIS]. Once this is determined, you then will want to take into account what qualifies a foreign national to have a petition filed on their behalf.
Who qualifies for an H-2B?
- The job is considered to be a one-time occurrence. The petitioner must show proof that:
- The employment situation is “a temporary event of short duration” that has “created the need for a temporary worker.”
- The employer did not need service or labor in the past to perform this work and will not need workers to perform the job in the future.
- The job is only for a specific seasonal need. The petitioner must prove the following:
- The job is traditionally tied to a season of the year by an event.
- It is of a recurring nature.
A seasonal need cannot be claimed if the labor or service is going to be unpredictable, subject to change, or considered to be a vacation period for permanent workers.
There is a peakload need, which means the need to hire stems from a shortage of permanent workers or a demand for additional seasonal staff. The temporary workers will not become a part of the employer’s regular operations or,
- There is an intermittent need. A petition can be filed for this if the employer has not hired permanent or full-time workers to perform the services, or occasionally has a demand for temporary workers to perform services.
H-2B Petitions Have Already Reached Half its Cap
Aside from meeting the specified criteria above, employers can only hire a foreign national if there enough H-2B’s available at the time of submission. Congress has set the limit to 66,000 per fiscal year, which means 33,000 will be given to workers who begin labor during the first half of the fiscal year (October 1-March 31) and 33,000 to during the second half of the fiscal year (April 1-September 30).
It is important that you take note of the fact that USCIS has already reached the H-2B cap for the first half of the fiscal year for 2018. USCIS reported in a news release that December 15, 2017 was the final date to receive petitions for new H-2B’s who are requesting to begin work before April 1st. Those who attempt to submit a petition where temporary work is needed before April 1st will be rejected.
If you would like to learn more about H-2B or need to discuss extending your stay here in the U.S., the immigration and visa attorneys at Kuck Immigration Partners in Atlanta, GA would be more than happy to sit down and provide you with the information you are seeking. To get in contact with an Atlanta immigration lawyer now, simply call 404-816-8611.