The H2-B visa is valid for the period permitted by the Department of Labor when issuing the temporary labor certification. This is typically less than 1 year. After that, extensions can be done up to a 3-year maximum. After that, you must stay out of the U.S. for at least 3 months before reapplying.
You can bring your family members to the U.S. on an H-2B visa. However, they must be either your spouse or an unmarried child under 21 years of age. This makes them H4 nonimmigrants. And while they are under this classification, they cannot work in the U.S. They cannot enter the U.S. before you or stay in the U.S. after you leave.
H 2b workers can file for a change of status. You can do this if you get a new employer. Your new employer must file a new H-2B petition for you again. You can also switch categories, like moving from H-2B visa to H-2A. Your employer will also have to apply in that regard.
There is a cap for H-2B visas issued every year. For every fiscal year (October to September), only 66,000 permits are issued. Once this cap is reached, every other application will be attended to the following year. Even if the cap is not reached in a year, the difference is not moved to the following year. The USCIS approves 33,000 visas from October to March and another 33,000 from April to September.
The H-2B visa is valid only for nine months but can be extended. However, with the H-2B visa, you can only stay and work in the U.S. for 3 years. After this, you must leave the United States for 3 uninterrupted months before applying again as an H-2B nonimmigrant.
One of the advantages of this visa is that the holders are eligible to enjoy every employment benefit as other employees who are permanent residents or citizens. Secondly, you can bring your spouse or unmarried child that is less than 21 to stay with you in the U.S. You can also switch jobs provided you have another offer and a petition on your behalf has been approved by the USCIS. Lastly, you can travel in and out of the U.S for a specific number of times while holding this visa. The downside of holding this visa is that you have a nonimmigrant status. This means you cannot stay for long or permanently in the United States.
The H-2A and H-2B visa programs in the U.S. enable employers to hire foreign nationals for temporary work. The H-2A visa is for agricultural jobs like planting and harvesting, while the H-2B visa covers non-agricultural roles such as in hospitality and construction. Employers must demonstrate that there are insufficient U.S. workers available and that hiring foreign workers won’t negatively impact U.S. workers’ wages and conditions. Despite these similarities, the visas differ in application processes, duration limits, and job types they cover.
