By Hector Benitez Cañas
Nov 30, 2023, 9:26 PM EST
The United States government announced the almost doubling of the annual quota for H-2B visas during the fiscal year that began in October. This type of insurance is granted to non-professional foreigners to work in different industries, except agriculture. There will be more than 64,700 additional visas for temporary workers.
Hotels and tourism, jobs linked to seasons, will mainly benefit from the decision. Many Americans do not want to take on these jobs, but that is not the only reason: demand has also increased.
Fortunately, in the United States, beyond all the problems that are being experienced, there is a very high demand for this type of services.
How do you apply for the H-2B visa? The person must be in their country of origin. It is requested by the future employer in the United States. There must be a company that files a petition with the Department of Labor, through what is known as a temporary labor certification. Once approved, the employer must submit an application to the Immigration Service through form 129. If the case is approved, then obtaining the visa is managed through consular channels.
Obviously, all this depends on the countries that are part of the list to qualify for H-2B. Two requests are made per year, one to cover from October to April and another that runs from April to September. In principle, there are only 33,000 places. Therefore, the demand is very high in relation to the number of places per section, which in total is 66,000 per year. Now there will be a little more opportunity with the increase, which is practically double in the availability of visas.
It is important to know that visas are temporary. After three years, the person is supposed to leave and then could receive this benefit again. But it will never last more than three years.
This type of visa usually benefits countries like Haiti, Honduras, Jamaica, Guatemala, Colombia, Mexico and others. Venezuela is not part of the program.
It is important to take into account the requirements: the employer must demonstrate that it does not harm, in any way, the American market, and that it is a necessity for seasonal reasons.
Héctor Benítez Cañas is an immigration lawyer in Miami. Benme Legal’s law firm is dedicated to the exclusive practice of Immigration Law.