Queens H2B Visa Lawyer

Queens H2B Visa Attorney

If you are a Queens-based employer or worker looking to navigate the H2B visa program, a dedicated Queens H2B visa lawyer from Pollack, Pollack, Isaac & DeCicco can support you from start to finish. Whether you are an employer looking to fill temporary labor shortages or a US noncitizen looking to work temporarily in the US, an experienced immigration lawyer from our team can support you.

At Pollack, Pollack, Isaac & DeCicco, we support organizations and individuals who are looking to take advantage of foreign worker programs in the United States. With a combined experience of over 100 years, our skilled team can work closely with you to understand your personal or business goals, work to find an ideal legal solution to pursue an H2B visa application, and assist you with navigating the process.

What Is an H2B Visa?

An H2B visa is a non-immigrant visa that is made to support US employers bringing in temporary or seasonal-based labor to address shortages. Through the H2B visa program, US employers can hire foreign workers for non-agricultural positions. The H2B visa program is usually used by employers who are a part of the construction, landscaping, or hospitality industries, but it can be extended to companies across a diverse range of sectors.

A petitioning employer must already have obtained a valid temporary work certification from the Department of Labor (DOL) before a worker can apply for an H2B visa. The petition document is formally known as Form I-29, which will need to be accepted by USCIS before the H2B visa application process can commence. As the H2B visa application process is particularly complicated, it is advised to get support from a skilled and knowledgeable attorney.

Understanding the H2B Application Process

The H2B application process can be overwhelming and time-consuming, involving various stakeholders such as employers, employees, United States Customs and Immigration Services (USCIS), and the DOL. A skilled lawyer can help you navigate the following:

• Receiving temporary labor certification. An employer who is looking to hire foreign workers for a temporary period will need to submit an application to the Department of Labor for a temporary labor certification. As this process is lengthy and complex, it is critical to have adequate legal support.
• Applying for a petition. After requiring the temporary labor certification, the employer will need to file a petition on behalf of the employees they are seeking to temporarily hire. The petition, otherwise known as Form I-29, must be submitted together with the temporary labor certification to USCIS.
• Applying for an H2B visa. An H2B visa must be applied for in the applicant’s country of origin. This process involves applying through the local embassy or consulate by submitting the required documentation and evidence. A lawyer can provide advice for the required interview and help the applicant meet critical deadlines.

If the applicant is awarded an H2B visa, they will be able to go to the US during the dates indicated on their documentation. After the authorized stay is over, the worker will need to return to their country of origin. A skilled and experienced H2B visa lawyer from Pollack, Pollack, Isaac & DeCicco can help you navigate the H2B application process and assist you with any additional requirements, such as visa extensions.

What Are the Requirements for Employers to Hire H2B Visa Workers?

Employers who are looking to fill labor shortage gaps using the H2B program will need to demonstrate that hiring H2B employees will not negatively impact the earnings or working conditions of US employees who have comparable jobs. The US employer will also need to demonstrate that the temporary work need cannot be filled by existing US workers     .

How Can Queens Employers Demonstrate Temporary Labor Needs?

A Queens-based company looking to temporarily hire foreign workers should first identify what type of temporary laborer they are looking to hire. Temporary labor needs can be broken down into four different categories, including peak load needs, intermittent needs, one-time occurrences, or seasonal needs. The requirements that an employer must show for each of the four categories are     :

• Peak load need. US agents or employers who need to demonstrate peak load need must prove that they usually have permanent employees completing the primary labor associated with the company’s objectives. They will need to prove that there is only a temporary need for supplementation of the permanent staff and that these temporarily hired employees will leave after a certain amount of time.
• Intermittent need. US employers may have certain labor demands that are not generally part of usual operations but are currently in demand due to certain operational needs. These employers can file to be part of the H2B visa worker program by claiming an intermittent need. They will need to show that they have not brought on permanent employees before to meet this particular labor demand.
• One-time occurrence. US agencies or companies may usually have permanent workers employed to meet certain labor demands but face a one-time occurrence that requires foreign workers to meet demand. In this case, they can demonstrate a one-time occurrence need. Furthermore, they will need to show that this need has not arisen before and that such needs will not be anticipated in the future.
• Seasonal Need. It is possible for US employers to claim that they have a seasonal need by proving that the services or labor in demand are generally connected to a recurring pattern, event, or season of the year. It is not possible to claim a seasonal need if the labor that is needed is unpredictable, subject to change, or during the holiday season for full-time current employees.

If you are an employer in Queens, New York or the surrounding areas looking to meet temporary labor shortages by hiring foreign talent, a dedicated immigration lawyer from Pollack, Pollack, Isaac & DeCicco can work closely with you and your company to help you navigate the legal processes associated with the H2B visa. When you work with a dedicated, experienced lawyer from our team, we can help ensure that your business operations continue to flow smoothly by addressing labor shortages.

What Worker Benefits Can I Get With an H2B Visa in Queens, New York?

If you are looking to come work in Queens on an H2B visa, you are likely wondering about the myriad of benefits that are available to you.

You may be wondering if you can bring your family with you while working in the US under an H2B visa. The close family members of H2B workers, such as unmarried children under the age of 21 and spouses of H2B workers, can also apply to come to the US through the H4 non-immigrant classification. It is important to note that the H2B alone will not allow you to bring family members; however, when applying for the H2B, you can simultaneously apply for the H4 non-immigrant classification for your close family members.

Individuals who hold H2B visas can travel, as there are no restrictions on leaving and returning to the US while holding an H2B visa during the temporary working period. If you are wondering whether an H2B visa is right for your situation, a skilled and compassionate immigration lawyer from Pollack, Pollack, Isaac & DeCicco can help analyze your circumstances and consider your personal and professional goals to determine if an H2B visa is the right fit for you. Our legal team can help you determine your eligibility, and then work toward securing your H2B visa and      the benefits it entails.

How Long Can I Stay in Queens, NY on an H2B Visa?

The length of stay on an H2B visa is highly variable, and often determined by an employer’s need. The period of time can be found on the temporary labor certification granted by the DOL. H2B visas can be extended up to a period of three years; visa extensions can be applied for  every 12 months. During each visa extension request, the employer will need to show a subsequent new temporary labor certification.

If a non-immigrant has been working in the United States for over three years on an H2B visa, they must exit the country for a minimum of three months before re-entering under and H2B. A dedicated and experienced immigration lawyer from Pollack, Pollack, Isaac & DeCicco can help you understand how long your stay may potentially be, assisting you with any associated paperwork for extensions.

Employment Changes Under an H2B Visa

Employment is dynamic, and employers and employees should be aware of how various changes to employment and work conditions can affect an H2B Visa.

Employers are required to notify USCIS regarding changes that could affect H2B Visa-holders in their employment. These changes include

• Workers who complete their jobs one month or more before the original specified date
• If the worker is fired by their employer before they can fully carry out the labor or services they were supposed to complete
• If the worker does not come to work within five days from the start date
• If  the worker leaves without giving notice, or if they do not come to work for more than five days in a row

H2B Visa holders may have their stays modified by USCIS if their employment conditions change. H2B visa holders should be aware of the following situation:

• Workers who complete the labor or services they were initially hired for ahead of time may have their period of stay modified by USCIS
• Workers who are fired may have their visas terminated
• Workers who do not show up for work for more than 5 days in a row may have their period of stay altered

If you have had a miscommunication or misunderstanding with your employer in Queens and are concerned about the status of your H2B visa, a compassionate, diligent immigration lawyer from Pollack, Pollack, Isaac & DeCicco can assist you with alleviating any challenges.

Is There a Cap on the Number of H2B Visas That Can Be Awarded?

Yes, there is a cap on the annual number of H2B visas that can be awarded annually. As of June 2024, the H2B statutory cap is 66,000 visas, but this number may be subject to change.

The allocation of the 66,000 visas is split into two different parts of the year, with 33,000 being given to workers who start between the dates of October 1st and March 31st and the other 33,000 given to workers who start between April 1st and September 30th. If all the allocated visas are not used in the first half of the fiscal year, these visas can be carried over to the second half. However, unused visas from the previous year cannot be carried over to the next year.

Certain workers, including supervisors, technicians, fish row processors, or those who are working in the Commonwealth of Northern Mariana Islands or Guam, are exempt from the cap if it is reached. Furthermore, H2B workers who apply to stay for an extended period of time, change employers, or alter the existing conditions and work terms do not count toward the cap count.

If you are looking to hire workers in Queens or acquire an H2B visa to work temporarily in the area, an experienced immigration lawyer from Pollack, Pollack, Isaac & DeCicco can help you understand the annual cap and how it may affect your ability to work or hire workers during a given period of time.

Get the Support You Need With the H2B Visa Application Process

Whether you are a company looking to leverage foreign talent for a temporary period or a worker who would like to enjoy the salary and benefits of working in Queens, New York, a dedicated lawyer from Pollack, Pollack, Isaac & DeCicco can work closely with you to help you meet your immigration goals. We can help ensure compliance for both companies and individuals, preventing potential pitfalls in the application process. Contact us today to begin.