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Saturday, July 18, 2009

What is H2B Visa?


On my previous blog, I mentioned that I am going to tackle each Visa category that is available for you to consider if you wanna come the US. FYI, this does not apply of course to those individual who already have a valid US Visa for obvious legitimate reason. Let me go ahead in defining what an H2B Visa is all about, and how likely you will be approve on this type of Visa. This type of visa by the way, applies to me as I’m a hospitality worker hotel based and currently in the U.S.. I could recommend this type of visa for those people at the age ranging from 18-30 years old because of the great opportunity to move from state to state of your desire. You can also travel to other Countries beside the country you are working so long as your visa is current and still active. This type of visa is gaining popularity among Filipinos because the applicant doesn’t have to be in a medical field or college graduate so long as you have an extensive experience in your line of work.

1. What is H2B visa?

The H2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. temporarily and engage in nonagricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence. Every year, employers throughout the U.S. hire young adults from around the world to live and work under the H-2B Visa Program, filling positions where there is a shortage of American workers.


2. What is a 'one-time occurrence'?

The petitioner must establish that the petitioner has not employed workers to perform the services or labor in the past and the petitioner will not need workers to perform the services in the future, or that it has an employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary occurrence.


3. What is a 'seasonal need'?

The petitioner must establish that the services or labor is traditionally tied to a season of the year by an event or pattern and is of a recurring nature. The petitioner shall specify the period(s) of time during each year in which it does not need the services or labor. The employment is not seasonal if the period during which the services or labor is not needed is unpredictable or subject to change or is considered a vacation period for the petitioner's permanent employees.


4. What is a 'peak-load need'?

The petitioner must establish that it regularly employs permanent workers to perform services or labor at the place of employment and that it needs to supplement its permanent staff at the place of employment on a temporary basis due to a seasonal or short term demand and that the temporary additions to staff will not become a part of the petitioner's regular operation.

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