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H-2B Visa

H-2B Visa Attorneys in Milwaukee, WI

The H2B nonimmigrant visa program enables employers to bring in foreign workers for temporary employment. It can be intermittent, seasonal, peak load, or one-time. This happens when no eligible, competent, or willing U.S. workers are readily available for the position.

Both skilled and unskilled seasonal non-agricultural employees are qualified to file for a U.S. H2B visa. Applicants for this visa typically include business trainers, performers, athletes, camp counselors, ski instructors, and home caregivers for terminally ill patients.

Every application receives equal attention and priority at Miller & Miller Immigration. If you want to “Live the American Dream,” we will help and assist you achieve it!
Secure your H-2B visa with us. You can get assistance from our competent Milwaukee immigration lawyers!

Contact us for a free initial consultation, or visit our law office in Milwaukee, WI!

Why Do I Need an H-2B Visa Attorney in Wisconsin?

Immigration law can be complex, and getting a visa can be tiring. Here are some benefits of getting an attorney and how they can help in your case:

  • Applying for an H-2B visa takes a lot of work. For several cases, when you must consider a particular immigration policy, you must choose a qualified immigration attorney who understands the complex immigration law.
  • If you get an H-2B visa attorney, you won’t have to put in the time-consuming effort of gathering the supporting papers and documents.
  • You must hire a competent lawyer to avoid mistakes and guarantee everything goes as planned.

Our Wisconsin employment-based immigration attorney is committed to offering excellent legal support to ensure that our clients’ immigration processes run smoothly. We will help you seize the American Dream opportunity. Contact us today!

What is an H-2B Visa?

On an H2B visa, individuals of certain nations may temporarily visit the United States to work in non-agricultural businesses.

Employers who can prove a temporary need for staff members and cannot recruit them within the country are permitted to hire foreign workers by the U.S. government. Through the help of H-2B visa sponsors, foreign workers can apply for visas and get the chance to work in the U.S. for a set amount of time.

H-2B Visa Cap

The total number of noncitizens who may be given an H-2B visa or another H-2B status during a fiscal year is subject to a statutory numerical cap, or “cap.”
66,000 H-2B visas may be issued within a fiscal year. Since a set number of visas are available for each part of the fiscal year, the distinction becomes even more distinct.
33,000 H-2B visas are issued during the first part of the fiscal year, which runs from October 1 to March 31. The other 33,000 are distributed during the second fiscal quarter, from April 1 to September 30.

If not all 33,000 visas are issued during the first half of the fiscal year, the remaining ones may be issued during the second half. The difference is not carried over to the following year if the yearly cap is not achieved.

What are the Benefits of H-B2 Visa?

Getting an H-B2 visa has its perks. These are the following:

  • Enabling the visa holder’s dependents to stay in the United States.
  • The visa is good for as long as you work there, but not more than a year.
  • The holder can extend the visa for an additional two years in one-year increments.
  • Visa holders can enter and exit the United States as often as needed.

Immigration law is a broad field and can be complicated without an attorney on your side who knows immigration law. Contact our competent H-2B visa attorney at Miller & Miller Immigration attorney now for sound legal advice!

What are the Qualifications for H-2B Visa?

The employer starts the application process for the H-2B visa. Whether public or private, corporations or sole proprietorships, U.S. businesses desire to hire foreign workers.

For the Employers

Employers should comply with a few standards, such as:

  • Employers must prove that they have looked for U.S. workers, but there aren’t enough.
  • They must prove they won’t unfairly undermine U.S. employees’ pay and working conditions by hiring foreign employees.
  • The foreign workers would fill temporary roles.

Eligible Country List for H-2B Program

The citizens of the following nations are qualified for H-2B visas, and the Department of Homeland Security has identified them. Employers may request the addition of more nations, and the list is revised annually.

The following nations are on the list of H-2B countries:

  • Argentina
  • Fiji
  • Madagascar
  • Slovenia
  • Australia
  • Finland
  • Malta
  • Solomon Islands
  • Austria
  • France
  • Mexico
  • South Africa
  • Barbados
  • Germany
  • Monaco
  • South Korea
  • Belgium
  • Greece
  • Montenegro
  • Spain
  • Belize
  • Grenada
  • Nauru
  • St. Vincent and the Grenadines
  • Brazil
  • Guatemala
  • New Zealand
  • Sweden
  • Brunei
  • Honduras
  • Nicaragua
  • Switzerland
  • Bulgaria
  • Hungary
  • North Macedonia
  • Taiwan
  • Canada
  • Iceland
  • Norway
  • Thailand
  • Chile
  • Ireland
  • Panama
  • The Netherlands
  • Colombia
  • Israel
  • Papua New Guinea
  • The Philippines
  • Costa Rica
  • Italy
  • Peru
  • Timor-Leste
  • Croatia
  • Jamaica
  • Poland
  • Turkey
  • Czech Republic
  • Japan
  • Portugal
  • Tuvalu
  • Denmark
  • Kiribati
  • Romania
  • Ukraine
  • Ecuador
  • Latvia
  • San Marino
  • Uruguay
  • El Salvador
  • Lichtenstein
  • Serbia
  • Vanuatu
  • Estonia
  • Lithuania
  • Singapore
  • Ethiopia
  • Luxembourg
  • Slovakia

What if the country is not on the list?

An employer must present the following documents if they want to employ a foreign worker whose country is not on the list:

  • Proof that the worker will benefit the U.S. by getting the H-2B visa
  • A written request to the Department of Homeland Security
  • The foreign workers’ documents

The request will then be evaluated, and the Department of Homeland Security will decide. Businesses hiring foreign workers from on- and off-the-list countries are advised to submit two petitions for each group to speed up the procedure.

You don’t have to maneuver the Immigration law and its exhausting procedures alone. It would be best if you had an attorney who makes sure that your documents will be enough to qualify for your dream job. Call Miller & Miller Immigration Attorney now!

Application Process for H-2B Program

Employers participating in the H-2B program must complete the application process to receive authorization to employ foreign nationals for temporary employment:

Prevailing Wage Determination (PWD)

Employers are required to file a Prevailing Wage Determination (PWD) to the U.S. before submitting a job order with the State Workforce Agency (SWA) or an ETA 9142B with the Department of Labor (DOL).

Get Department of Labor Certification

Employers must submit a temporary labor certification, Form ETA-9142B, to the U.S. Department of Labor (DOL) and a job order to the State Workforce Agency (SWA) before beginning the application process with U.S. Citizenship and Immigration Services (USCIS). The Department of Labor must verify the employer’s compliance with the eligibility requirements in that certification.

Employers must also show that the employee is only needed temporarily. The following are the four acceptable categories of temporary employment:

  • Intermittent Need – indicates that the business always hires temporary workers for a limited time and does not fill that position with permanent employees.
  • One-time Occurrence – The jobs are generally permanent, but a single event has resulted in a situation where a temporary worker is needed. Another case is when the employer wants someone right away but has never recruited someone for that specific job role and has no plans to do so.
  • Peak Load Need – An employer needs more temporary workers due to an increase in short-term demand for a position that permanent employees typically cover.
  • Seasonal Need – indicates that the current labor shortage is caused by the industry in which the company works. They either have a conventional seasonality cycle or because the permanent staff is on vacation.

Filing of Form I-129 (Petition for a Non-immigrant Worker)

An employer may submit a finished Form I-129 to the USCIS after receiving DOL certification. Along with this document, the petitioner must submit the original temporary certification. Instead, the petitioner must submit a printed copy of the final determination page with Form I-129.

Entry Application

Employers must help a foreign national they wish to hire and apply for entry into the country after the USCIS has issued H-2B visas. They must file a DS-160 application form with the U.S. Department of State at an embassy or consulate in their own country and apply for admission at a port of entry.

Call our Wisconsin Immigration Attorney Now!

If you wish to become a U.S Citizen, adjust your status, apply for a green card, or if you want to get help with visas that suit you, we have your back! Our seasoned Miller & Miller Immigration LLC attorney can thoroughly review your immigration case.

In our immigration law practice, we prioritize helping temporary non-agricultural workers like you who wish to seize the American Dream. We assure you that our immigration lawyers will provide high-quality legal assistance since we want your immigration procedure to go as smoothly as possible.

Be an H-2B visa holder today. Contact the Miller & Miller Immigration Law Firm or visit our office in Milwaukee, WI!

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