It can be pretty daunting to navigate the complex web of US immigration laws and the requirements for obtaining permanent residency, especially for people currently employed in the US on temporary H2B Visas. If that's the case, you may be finding the possibility to apply for American green card – a golden ticket to permanent residency and eventually citizenship.
The H2B Visa is the right way for US employers who want to hire more workers temporarily or supplement their current staff, as it allows you to hire applicants from a vast pool of backgrounds. This article explains the H-2B Visa requirements and how to apply for a green card. So, let's begin!
What is an H-2B Visa, and What are the Types of H Visas?
An H-2B visa is a temporary non-immigrant visa that allows employers in the United States to temporarily hire foreign workers to perform non-agricultural labor or services. The H-2B program is designed for situations where employers temporarily need additional workers due to seasonal, peak-load, or intermittent demand.
The annual cap of total H2B Visas is 66,000, of which 33,000 is given to those who begin their jobs between October 1 and March 31 and the remaining 33,000 to those who start between April 1 and September 30. A temporary final rule was released in December 2022, raising the cap to 64,716 additional visas for 2023 to support the American companies that may suffer from the lack of foreign talent.
We have mentioned the most common types of non-immigrant H Visas:
H –1B Visas
People with a college degree or higher, or equivalent work experience, who work in a specific professional or academic sector, or who possess exceptional knowledge are eligible for H-1B visas. The maximum residency cap for these visas is 3 years. The eligibility criteria are:
- Proof of your bachelor's degree or equivalent in that field.
- An offer of employment from a US employer for a position requiring specialized knowledge
- Your employer must present that there aren't enough
H –2A and H –2B Visas
Seasonal, or peak load, temporary workers in an agricultural (H-2A) or non-agricultural (H-2B) environment are eligible for H-2A and H-2B visas. These usually don't last longer than a year.
H –3 Visas
H-3 visas are for those looking for training in any field, except for graduate medical school or training, or training to fulfill the needs of those who require special education. This visa category is for those who want to get their training in the United States but intend to pursue their career elsewhere.
Understanding The H –2B Visa: What is Its Process and Requirements?
The H-2B visa is designed for temporary employment needs like seasonal or peak-load demands. It is intended to address temporary labor shortages by allowing US employers to hire foreign workers when no qualified American workers are available. The H-2B visa is not designed as a pathway to permanent residency or US citizenship.
Many H-2B visa holders hope to seek a green card or permanent residency in the US, even if they are only temporarily. Although an H-2B visa cannot directly lead to a green card, it can be a ticket to obtain one indirectly.
How To Apply For a Green Card from an H –2B Visa?
To apply for American green card with an H-2B visa, foreign workers need to follow these steps:
1 . Find a US Employer to Sponsor You Green Card
Foreign workers need a US employer willing to offer them a green card. This step requires a permanent labor certification, or PERM, which is a necessary procedure that certifies that no US workers are available for that position.
2. Apply for a Green Card
A foreign worker must apply for permanent residency when their employer agrees to sponsor them for a green card.
3. Appear For Green Card Interview
After the green card application has been submitted, the foreign worker is supposed to appear for the interview, which will validate their eligibility for permanent residency. They will obtain their green card and become lawful permanent residents if approved!
4. Start the Naturalization Process
Foreign workers who have had a green card for a set amount of time—typically five years—can apply for the process of naturalization and become citizens of the United States
What are The Eligibility Requirements for a Green Card from H –2B Visa?
Here are the general eligibility requirements to apply for an H-2B visa to convert H-2B visa to a green card holder:
- Submit Application Form I-485 for Registration of Permanent Residency or Adjustment of Status;
- Need to be physically present in the country when the application is submitted;
- Undergo an inspection and be granted admission or parole into the United States at the time of applying;
- Must be eligible for an immigrant visa. If a Form I-485 was filed in addition to a Form I-140, or if a Form I-140 was approved and filed on your behalf, you are eligible for an immigrant visa;
- Upon USCIS Approval of Form I-485, the temporary worker will immediately be eligible for an immigrant visa.
Conclusion
Employers in the United States are often allowed to obtain critical foreign talent to grow their business. If you ever come across an exceptional worker, you should consider sponsoring them for a green card. However, the green card application process is quite complex and time-consuming. That's why experience matters a lot in the law and immigration sector, and Immi Voyage has the experience!
Contact our VISA Consultancy team to schedule an appointment now! Thank You!
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