Temporary Worker Visa Immigration Law

Temporary Worker Legal Issues

Temporary worker (H-2B Visas)

Temporary workers performing other services or labor of a temporary or seasonal nature must apply for an H-2B visa in order to enter the United States for their work purposes. These temporary workers are separate and distinct from workers in specialty occupations, Free Trade Agreement professionals, temporary agricultural workers, and trainees.

H-2B visas are specifically for temporary workers performing other services or labor of a temporary or seasonal nature that are coming to the U.S. to work in a non-agricultural occupation. These visas are limited to certain countries only, as designated by the Secretary of Homeland Security.

Legal issues of H-2B visas for Temporary worker performing other services or labor of a temporary or seasonal nature:

There are strict qualifications that must be met to determine whether a temporary worker performing other services or labor of a temporary or seasonal nature may be allowed to apply for an H-2B visa. These qualifying factors include:

  • The U.S. company that files a petition on the foreign worker's behalf must prove that there are not enough qualified U.S. workers for the job in question.
  • By employing a foreign worker, it cannot affect the wages or work conditions of other employed U.S. workers.
  • The job position is temporary (either a one-time need, seasonal need or intermittent need).

In addition, H-2B visas for temporary workers performing other services or labor or a temporary or seasonal nature may only stay in the U.S. on their H-2B visa for a certain period of time. They may extend their visa for increments of 1 year, not to exceed 3 years total of temporary work time in the United States. After 3 years, the temporary foreign worker must return to his or her home country for a minimum of 3 months before reentering the U.S.

What an Immigration Lawyer can do for you:

Because there are many qualifications that must be met in order to obtain an H-2B visa and the circumstances may vary for each individual, it would be wise for any temporary worker performing other services or labor of a temporary or seasonal nature to seek the council of a U.S. immigration attorney. An immigration attorney can help you determine if your work is eligible for an H-2B visa and he or she will work with you and your prospective employer to file all necessary documents and evidence for your H-2B visa application.

Lawyer Referral Service:

If you need an H-2B visa, contact Attorney Search Network. We can help you find an immigration lawyer who has experience in visas for temporary worker performing other services or labor of a temporary or seasonal nature.

If you have any questions about the information provided above, contact Attorney Search Network for a free Lawyer Referral to an Immigration Lawyer with Temporary worker (H-2B Visas) experience.

If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out our online form for your Immigration lawyer referral.


If you have any questions about the information provided above, please contact Attorney Search Network.

GET HELP NOW CLICK TO CALL