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The H2B Visa is a work visa for seasonal jobs. Among other requirements, the H-2B employer needs to prove that its labor requirements are seasonal or temporary in nature and is required less than 12 months per year.
The H-2B worker has the ability to work in a number of industries as long as is not related to agriculture.
The number of H-2B Visas the USCIS issues is limited to 66,000 per year and is available only to countries previously designated as H-2B eligible. This type of Visa also applies to the entertainment and sports industry.
Employment Based Green Cards are issued to immigrants who aspire to live and work in US territory permanently. They can be available to employers who sponsor a foreign worker for a job that requires less than 2 years of training.
As the demand for this type of Visa is exceedingly high and the number of available visas is limited to 40,000 per year, it is crucial to hire an experienced immigration attorney.
The Wyngaard immigration attorneys have been assisting many individuals and companies sponsoring workers get their EB-3 Visas since 2005.
Give us a call or schedule a consultation with our team, we can help you determine your eligibility for an EB-3 Employment Based Visa
According to U.S. Citizenship and Immigration Services, the TN visa program was born out of the North American Free Trade Agreement (NAFTA) and allowed qualified Canadian and Mexican citizens to enter the U.S. for professional business purposes. However, only specific types of professionals can obtain a TN visa. These include accountants, engineers, lawyers, pharmacists, scientists, and teachers.
To be eligible for a TN visa, the individual must be a citizen of Mexico or Canada, have a full or part-time job with a U.S. employer, and be qualified to practice in their profession. TN visas are good for up to three years and can be extended. Spouses and children of the visa-holder may also enter the U.S. and may study here but cannot obtain employment.
Here's how it works
You will be operating at 100% capacity. You will be able to fulfill your client contracts on time. You will be able to enter into new contracts, knowing you have the staff to produce, produce, produce!
1. Decide how many workers you will need
2. Call us to describe the work they will do
3. Be ready for your workers to arrive 3 days prior to your employment start date
Call us today so you can stop feeling frustrated and you can start feeling satisfied in a job well done.
Discover the 5 Ways to Avoid H2B Denial
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Contact Us to Get Started
Our immigration lawyers are ready to help you expand your operations with a tailor-made complete workforce solution for your company. We are ready to discuss your case.
To schedule a meeting with an attorney, please call the firm or complete the intake form below.
* Disclaimer: The transmission and receipt of information contained on this website, in whole or in part, or communication or solicitation with WYNGAARD LAW via the internet or e-mail through this website, does not constitute or create a lawyer-client relationship between us and any recipient. Also, the information on this website is merely a communication or solicitation and is not legal advice.
Frequently Asked Questions
Yes, H-2B visas are available for 83 countries. Here is the list of eligible countries:
|Chile||Ireland||New Zealand||St. Vincent and the Grenadines|
|Costa Rica||Italy||North Macedonia||Switzerland|
|Denmark||Kiribati||Papua New Guinea||Timor-Leste|
We like to begin the H-2B process in July or August but can begin as late as the Fall. The H-2B process takes at least 4 months but it is better if we can start 6 months before you want the workers to begin.
Yes, H-2A employers are required to provide safe housing for all H-2A visa workers. Please visit the following URL from the Department of Labor to learn more.
Some industries that use the H-2A program include:
- Nurseries and greenhouse growers
- Fruit growers and orchardists
- Vineyards and hop growers
- Vegetable, tobacco, and other field
- crop growers
- Specialty agricultural businesses
- Apiculture operations / beekeepers
- Custom combine operators
- Hay, grain, and wheat growers
- Christmas tree growers
- Horse breeding operations
- Cattle and other livestock herding
- Fish farming and aquaculture
No, an H-2B employer is NOT required to provide housing to their H-2B visa workers. The H2B non-agricultural visa program has different rules than the H-2A agricultural program. With H-2B visas, the employer is NOT required to provide housing to the workers.
There are several industries eligible for H-2B visas:
- Greenskeepers and golf course maintenance companies
- Resorts, hotels, and restaurants
- Contractors—asphalt and paving, masonry, framing and roofing, and other seasonal construction trades
- Tree planters and seasonal lumber mills
- Manufacturers of seasonal items and seasonal maintenance companies
- Seasonal retailers or wholesalers, including nurseries and garden centers
Yes, an H2 employer must offer employment to all qualified U.S. job applicants willing and able to do the job. You must accept applicants from all sources, including State Workforce Agency (SWA) referrals.
Our immigration lawyers and support staff are dedicated to helping our clients expand their operations through foreign labor workforce management solutions. We have helped many companies navigate the complexities of US Labor and Immigration law.
Give us a call or setup a consultation with our immigration attorneys to discuss your options. Immigration consultations are free for a limited time.
Call today 1 800-414-0978
Michael brings a background in cultural anthropology to Wyngaard Law. After years of teaching at University and conducting field work throughout the US and the Arctic, Michael transitioned into legal work, working in general practice and Estate Planning. After living abroad for several years, Immigration law was a natural fit.
Mia A. Giacomazzi
Mia A. Giacomazzi brings a unique perspective to our immigration practice, having worked on immigration cases as a former federal prosecutor and federal district judge’s law clerk. She is a member of the State Bar of California and the United States District Court, Eastern District of California.
Juan José De Santiago
Immigration Lawyer, Mexico
Juan José De Santiago is a licensed attorney who studied at the prestigious Universidad de Guanajuato where he was raised in Guanajuato, México. During his practice in migration and immigration, he has had the opportunity to work as an Independent Contractor for United Farm Workers of América. In addition, he worked for el Centro de Investigación Entrenamiento y Reclutamiento del Trabajador Organizado (CIERTO) – an organization dedicated to recruiting, training and transporting workers to various large farms in the USA. In addition to his native language of Spanish, Juan José is fluent in English as well.
George studied at Tilburg University in the Netherlands where he received a Master’s Degree in International Business Law and studied at Northwestern California University where he received his JD. George is licensed to practice by the State Bar of California.
Paola Sabina Soto
Immigration Lawyer, Mexico
Paola, is a licensed attorney who studied at the prestigious National Autonomous University of Mexico (UNAM), in Mexico City. Paola has practiced law in Mexico in the public and private sector, focusing on customs, tax law and arbitration matters. In addition to his native language of Spanish, Paola is fluent in English as well.
Meagan Kirchner is an Attorney at Wyngaard Law with nearly a decade of experience in Immigration law. She has significant experience working on H-2A and H-2B immigration matters.
Her prior practice also focused on business immigration, particularly representing corporate clients pursuing H, TN, O, and L nonimmigrant classifications, as well as lawful permanent residence. Meagan has represented clients in a variety of industries including agriculture, hospitality, healthcare, IT, engineering, and finance.
Meagan has a Bachelor of Science degree in Business from George Mason University and a Juris Doctor degree from the George Mason University School of Law. She is licensed to practice law in Virginia and is also a member of the American Immigration Lawyers Association (AILA).
Katie grew up in an agricultural community in Southern California. She went on to receive her degree in Chemistry, minoring in philosophy, at the University of California, Davis. After graduating, she moved to New York where she worked in Ad Sales for several different television networks (including A+E, The History Channel and WGN America). Wanting to connect with her Mexican roots, she later moved to Guanajuato, Mexico where she currently resides today. Spending this time living in Mexico connected her to the opportunity to work for the Wyngaard Law Firm.
María Teresa López Rendón
Elizabeth López Rendón
Amantay Hueck San Miguel
Amantay is a dedicated paraprofessional for Wyngaard Law Firm LLC. Amantay is originally from Cali, Colombia and is fluent in both Spanish and English. At Wyngaard Law Firm, Amantay specializes in assisting with H-2B and H-2A visas.
Juan Camilo Barrera
Juan Camilo Barrera is a dedicated paraprofessional for Wyngaard Law Firm LLC. Juan is originally from Cali, Colombia. He is fluent in both Spanish and English and has experience as a paralegal working with a non profit organization providing immigration services to the Latin American Community who have been victims of a violent crime within the United States so they can be able to obtain a legal status inside the country.
We've been working with them for the past 5 years to apply for our H-2B seasonal visas. They truly care, are easy to work with and provide the level of professionalism we need. I couldn’t have asked for a better experience with Wyngaard Law. I absolutely recommend the firm and assure you they will not disappoint. If you want to ensure you have the best on your side when working through the immigration process, then look to Wyngaard Law.