Temporary Non-Specialty Visas

Also known as the H-2B Visa classification, the Immigration and Nationality Act ("INA") provides for the admission of aliens who have no intention of abandoning their foreign residence and intend to enter the United States to perform temporary work if unemployed persons capable of performing such service or labor cannot be found in the United States.

Congress has charged the Department of Homeland Security (DHS) with administering the INA and determining whether to allow an alien to work as a nonimmigrant under the temporary work visa program after consultation with appropriate agencies of the Government under 8 U.S.C. § 1101(a)(15)(H)(ii)(b).

Attorney for the Non-Specialty Visas in The Woodlands, TX

If you need an immigration attorney in The Woodlands, TX, then contact Attorney Luis F. Hess. He understands the requirements for an employer who wishes to bring a foreign worker into the United States by using an employment-based non-immigrant visa program.

With approximately 81 various visa qualification sections, having an experienced immigration attorney in The Woodlands, TX, to guide you through the immigration process is invaluable. Immigration processing may take anywhere from six months to many years, and mistakes in the application process only delay that process.

With an office in Shenandoah, Luis F. Hess also represents clients in Conroe, Spring, The Woodlands, Houston, and surrounding areas throughout Montgomery County and Harris County. Call (281) 205-8540 to learn more a temporary work visa and other types of employment-based visas.


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Requirements of the Non-Specialty Visa

Under the H-2B visa program, an employer can petition the USCIS so that an employee can come to the United States as a nonimmigrant under the temporary worker's visa program. Employers seeking to admit workers under the non-specialty worker's program must first apply for a temporary labor certification with the Secretary of Labor.

Under 8 C.F.R. § 214.2(h)(6)(iii)(A), the certification addresses whether or not United States workers capable of performing the temporary services or labor are available and whether or not the alien's employment will adversely affect the wages and working conditions of similarly employed United States workers. 

Even if the Department of Labor (DOL) issues an employer a temporary labor certification, the DHS must still determine whether the alien intends to remain in the United States on a temporary basis and not abandon his or her foreign residence. DHS ultimately has the discretion to grant or deny an H-2B visa petition after assessing whether the requirements have been satisfied as explained in 8 U.S.C. § 1184(c)(1).


This article was last updated on Friday, January 26, 2018.

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