Long Island H2B Visa Lawyer

While there are local resources available to bolster the Long Island economy, there can often be occupational gaps that must be filled by leveraging workers from other countries, necessitating the H2B Visa. If you or your organization is in need of support regarding H2B visas, a Long Island H2B visa lawyer from Pollack, Pollack, Isaac & DeCicco can support you in obtaining the international workforce you need.

Pollack, Pollack, Isaac & DeCicco has a long and proud history of connecting workers from all over the globe with opportunities in Long Island, bolstering organizations and businesses with skilled and diverse workforces. If you are a business working to meet demand that is either seasonal or a one-time surge, our dedicated law firm can help you navigate the H2B visa process.

Understanding the H-2B Visa: A Breakdown

Through the H-2B program, United States agents or employers that fit specific criteria can hire certain workers to come to work in the country to fill non-agricultural gaps in their industries. In order for a US company or agent to be eligible for H-2B classification, they must be able to demonstrate the following:

• Hiring H-2B employees to work for their company temporarily in the US will not have a negative impact on the working conditions and earnings of US employees who hold similar jobs.
• The temporary work that the employer is seeking to fill cannot be carried out by workers already located in the US who are qualified, available, willing, and able to do the work.
• The company’s need for labor support is short-term, even if the labor that will be supported is not necessarily temporary or short-term in nature.

In terms of H-2B certification, temporary labor needs can be classified as peak load needs, intermittent needs, one-time occurrences, or seasonal needs. One of these four categories must be proven and established in order to successfully demonstrate a temporary need for labor. Associated requirements for each of the temporary categories include:

• Peak Load Need. US employers or agents who are attempting to demonstrate a peak load need must show that they are typically employing permanent workers to fulfill the main services or labor of the business, but there is a need for temporary supplementation of the permanent staff due to a short-term surge in demand caused by a recurring event. They must further prove that the temporary staff will not become part of permanent operations.
• Intermittent Need. Intermittent need can be claimed by petitioners by demonstrating that they have not before hired full-time or permanent employees to carry out the needed labor demand and that they occasionally will need temporary workers to carry out particular labor demands.
• One-Time Occurrence. In order to claim a one-time occurrence, a US company or agency must demonstrate that they typically employ permanent workers to carry out the needed labor; however, a temporary situation has arisen that has led to the need for temporary workers from abroad. They must further prove that they have not needed such workers before and that they will not need them in the future after the period is over.
• Seasonal Need. US agents and employers can claim a seasonal need by showing that the needed labor or services tend to be linked to a season of the year. If the needed labor is subject to change, unpredictable, or considered to be a time of holiday for current, full-time employees, then a seasonal need cannot be claimed.

If your Long Island business or agency has a temporary shortage of workers, and you are looking to fill that gap so that you can continue to pursue operations as normal, the knowledgeable immigration law team at Pollack, Pollack, Isaac & DeCicco can help you get the Department of Labor certification you need to hire a skilled and diverse temporary workforce from abroad.

We can further support you by helping file petitions for workers and supporting prospective workers for your organization as they go through the visa process.

Annual Limits on the Number of H-2B Visas Awarded

The United States Congress puts a cap, or statutory numerical limit, on the number of noncitizen US workers who can be granted H-2B status or awarded an H-2B visa each year by USCIS. The H-2B statutory cap is 66,000 visas, which are distributed throughout the first and second half of the year. This is the cap that Congress has set, but it may change in the future.

This means that 33,000 visas are given out to workers who will start at the beginning of the first half of the fiscal year, between October 1 and March 31, and another 33,000 are given to workers who commence in the second half of the fiscal year, between April 1 and September 30.

If the cap is not met in the first half of the fiscal year, then the unused numbers will be carried over to be applied to the second half of the fiscal year. It’s important to note, however, that unused numbers from the prior fiscal year cannot be carried over to the current fiscal year. Additional visas may be available at certain times, and they will also be capped after the first and second halves of the fiscal year.

If the limit has been reached, only H-2B workers who are exempt from the cap can be accepted. Exempt workers include fish roe processors, supervisors, or technicians; those working in Guam or the Commonwealth of Northern Mariana Islands; or those who change employers, extend their stay, or change the terms and conditions of their work.

A knowledgeable Long Island immigration lawyer from Pollack, Pollack, Isaac & DeCicco can help you understand the current cap and how it could impact your chances of hiring employees through the H-2B program or receiving an H-2B visa to work in Long Island.

What Are the H-2B Visa Worker Benefits in Long Island, New York?

Noncitizen workers who are granted H-2B status or awarded an H-2B visa can come to Long Island, New York, and enjoy the earnings and benefits of their temporary occupation for the time period specified. H-2B workers can bring their spouse and unmarried children under the age of 21 with them, as they are eligible to apply for the H-4 nonimmigrant classification.

These family members are not counted toward the annual cap of 66,000 H-2B visas. It’s important to note, however, that the H-4 classification does not come with work authorization.

While a noncitizen has an H-2B visa, they are able to freely travel in and out of the United States. The H-2B visa can also provide the ability to explore options that could lead to an extension of their stay or allow them to pursue a different immigration pathway. A Long Island H-2B Visa Attorney from Pollack, Pollack, Isaac & DeCicco can help you understand the benefits and rights that come with an H-2B Visa.

Length of Stay for H-2B Nonimmigrants in Long Island

USCIS will typically assign the H-2B worker classification to match the time period indicated on the employer’s temporary labor certification. However, it is possible to have this period extended in increments of up to 12 months. For each request for an H-2B visa extension, the employer must have an accompanying new and valid temporary labor certification. The maximum period that a person can stay in the US with an H-2B visa is three years.

If a worker stays in the United States for a full three years under the H or L status, they will need to leave the country for at least three months to be able to enter the country again with H-2B status. Our experienced and knowledgeable immigration team can help you understand the period that you can live and work in the US with your status. We can also assist with extensions and other options to help you continue your stay in Long Island.

How Can I Bring Workers to Long Island Through the H-2B Program?

Participating in the H-2B program to fill temporary gaps in your organization’s workforce may seem complex and confusing at first, but the immigration legal team at Pollack, Pollack, Isaac & DeCicco can walk you through each step of the way. The process begins by applying for a temporary labor certification with the Department of Labor. After this is received, the US business or agent can request H-2B classification from USCIS.

After receiving the temporary labor certification, a Form I-129 can be submitted to USCIS. Once this is approved, prospective workers can apply for the visa. Hiring workers through the H-2B program can help stabilize your operations and fulfill demand, thereby increasing productivity and optimizing revenue. The dedicated team from our Long Island immigration law firm is here to help.

FAQs

Q: Can I Get a Green Card With an H-2B Visa?

A: No, you cannot get a green card with an H-2B visa. An H-2B visa is a nonimmigrant visa that only allows the visa holder to reside in the United States for a temporary period of time, which is conditional to a fixed period of work. Nonimmigrant visas cannot lead to lawful permanent residency. If you are looking for opportunities to secure a green card, an immigration lawyer can help you apply for an immigrant visa if you are abroad or an Adjustment of Status from the US.

Q: Can a NY H-2B Visa Lawyer Help Me Get a Job?

A: No, an H-2B visa lawyer in New York cannot help you find work in a non-agricultural role. However, if you already have an employer willing to petition for you, an H-2B visa lawyer in New York can guide your employer through the process of submitting a Form I-129 to USCIS on your behalf and getting an H-2B visa.

Q: How Long Does an H-2B Visa Last in New York?

A: The duration of your H-2B visa will be in line with your temporary work contract, which is typically not more than one year. If your visa is expiring and your employer still has a need for your labor, you can apply to have your visa extended. An experienced H-2B visa lawyer can help you understand the duration of your visa, which is indicated on Form ETA 750, and help you apply for an extension if necessary.

Q: Is There a Cap on H-2B Visas in New York?

A: There is an annual cap on the number of H-2B visas that can be given out each year in the United States. The cap is distributed between the first and second half of the year. The annual limit is typically 66,000, but this may be extended if certain conditions arise. To understand whether there is current availability to obtain an H-2B to travel to work in Long Island, an experienced H-2B visa lawyer can support you.

Q: Will My Nationality Impact My Chances of Getting an H-2B Visa to Work in the US?

A: If you are a noncitizen looking to work in the United States temporarily through the H-2B program, your nationality will not necessarily impact your chances of being accepted. However, you must be from a country that is specified on the Department of Homeland Security “H-2B Eligible Countries List” in order to participate. The list is valid after one year of publication. If your country is not on the list, the Secretary of Homeland Security may accept new requests.

Come to Work in New York by Hiring a Long Island H2B Visa Lawyer

If you are looking for the opportunity to come to Long Island, New York, work temporarily, and collect benefits for the time that you are located in the city, an H-2B visa could be a good fit for your situation.

An experienced Long Island H-2B visa lawyer from Pollack, Pollack, Isaac & DeCicco can help you understand whether this visa aligns with your immigration goals. We can help you work through the process to get the paperwork you need efficiently and on time. Reach out to our dedicated team today to get started.