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Home  >  Immigration Law FAQ  >  Work Visas  >  H-2B

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Here, you will find detailed answers to many of most common immigration questions.

8. What privileges do I enjoy on H2B visas?
   
  On H-2B visas you may:
  
 
    Enter the U.S. for a temporary work and enjoy all employee benefits
    Get your dependents to stay with you in the U.S.
    Travel freely in and out of the U.S. on H-2B visa
    Change jobs if you can show a new job offer

9. What are the limitations of H-2B visa?
  
 The limitations of H-2B visa are:
  
 
    The job must be temporary in nature and the need is for one year or less. The employer's need may not be ongoing or continuous
    The employer has the burden of establishing the facts necessary to support a finding that the need is a one-time occurrence, seasonal, peak load or intermittent need
    H-2B time counts whether you are in the U.S. or abroad
    H-2B dependents may not work in the U.S.

10. What are the requirements for H-2B visa employer?
  
 The requirements are:
  
 
    An U.S. employer must file an application requesting temporary foreign nonagricultural labor certification
    The employer may be an individual proprietorship, a partnership or a corporation.
    In some Limited circumstances, An authorized agent, whether an individual (e.g., an attorney) or an entity (e.g., an association), may file an application on behalf of an employer. Associations may file master applications on behalf of their members
   
 Note: Many of the benefits that must be included in a job offer and other conditions that must be satisfied will be dependent upon what prevailing practices exist in the same occupation and area. Employers are advised that it is desirable to make an independent determination of factors such as prevailing wages and employer practices before filing an application.

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