For people who have discovered the opportunity to come to the United States, to work for a U.S. company as skilled or unskilled workers, the H-2B visa could be the answer. To enter in the H-2B category, the position for which the worker is entering must be termporary. When United States companies have a shortage of nonagricultural labor (those people who do not work on the land), they might seek new skills of workers from a foreign country.
The H-2B visa is only for a short-term stay in the United States. The amount of time a foreign worker is allowed to stay in the United States is decided by the employer of the U.S. Company, but may not exceed a period of 1 year. An extension may be obtained, but under no circumstances may the worker remain in teh United States in H-2B status beyond three years. In addition, because the H2B visa category is intended for temporary workers, the worker may not ordinarily change to another nonimmigrant visa category.
Labor Certification Required
Before the INS can approve an employer's petition for such workers, the employer must file an application with the Department of Labor stating that there are not sufficient workers who are able, willing, qualified, and available, and that the employment of aliens will not adversely affect the wages and working conditions of similarly employed United States workers.
Employer Nonimmigrant Worker Petition to INS
After receiving Labor Condition Application Approval, the employer files a Nonimmigrant Worker Petition with the INS. Once approved, the INS will notify the consulate in the employee's home country and the employee will be called to the Consulate to retrieve the Visa. The Visa, by itself, does not guarantee entry to the United States. The employee will still have to apply for entry at a port of entry.