Brooklyn H2B Visa Lawyer

Brooklyn H2B Visa Attorney

If you are a Brooklyn employer seeking to hire temporary foreign workers or a foreign worker trying to find temporary employment in the United States, it can be difficult to navigate the H2B visa process. A dedicated and experienced Brooklyn H2B visa lawyer from Pollack, Pollack, Isaac & DeCicco can offer knowledge and experience to help you smoothly and efficiently navigate the visa application process.

The immigration legal team at Pollack, Pollack, Isaac & DeCicco is dedicated to helping employers and individuals benefit from international work exchanges, such as the H2B visa program. We work one-on-one with clients, working to understand their particular needs and the details associated with each case. Together, we can design and implement a strong legal strategy to help you acquire an H2B visa.

Understanding Key Features of the H2B Visa

Through the H2B visa program, US employers can bring foreign nationals to the United States to work temporary non-agricultural jobs. An H2B visa is a non-immigrant visa, meaning that individuals who are awarded this type of visa will not have a meaningful opportunity to procure long-term residency or an eventual path to citizenship.

The H2B visa program is critical for industries that have peak load or seasonal demand, such as construction and hospitality. When not enough US workers are available to meet short-term employment needs, the H2B visa program can fill these critical gaps, helping employers continue to streamline their business operations and optimize profits. The H2B visa is generally defined by the following features:

• Non-agricultural positions. Workers who obtain H2B visas can only do so by demonstrating that they have been hired for a non-agricultural, temporary position.
• Short-term employment. The job that an H2B visa worker can be hired for must be short-term, meaning that it is related to a one-time occurrence or intermittent, peak load, or seasonal need.
• Duration of visa. The H2B visa is usually awarded for a maximum period of one year, with the opportunity to extend the visa for a total duration of three years.
• Yearly caps. The US government issues an annual cap on the number of H2B visas that can be given out, which is typically 66,000 each fiscal year. The cap is divided into 33,000 visas for each half of the fiscal year. However, if the cap for the first half is not reached, the remaining visas can carry over to the second part of the year. Any leftover visas at the end of the second half of the year will not be applied to the next year.

How Can a Brooklyn H2B Visa Lawyer Assist With My Case?

A compassionate and experienced Brooklyn H2B visa lawyer can significantly impact the outcome of your H2B visa application, as well as subsequent renewals and adherence to rules and regulations. They can work closely with you to support you with the following:

• Initial case assessment. A lawyer can analyze the details of your case and understand your immigration goals to help you decide whether the H2B visa program is an optimal choice for you or your company during the initial consultation. They can honestly evaluate your case, informing you of the requirements and the estimated timeline of the process.
• Application submission. As the H2B visa process entails detailed compliance with regulations and subsequent documentation, it is critical to work with a diligent lawyer who can help you prepare and file applications at each step.

They assist employers with recruitment efforts of US workers, job order submissions to the State Workforce Agency (SWA), temporary labor certification applications, and United States Citizenship and Immigration Services (USCIS) petition applications.

• Compliance with requirements. To avoid unnecessary delays or rejections of your application, it is critical to ensure that you are complying with legal requirements. An experienced immigration lawyer can help you meet prevailing wage requirements, carry out adequate documentation of all recruitment efforts, and diligently help you follow each step to keep your application on track.
• Application for the H2B visa. The foreign worker who has been offered a job in Brooklyn will need to apply for an H2B visa at the US consulate or embassy closest to them in their home country after the employer’s petition is approved by USCIS. An H2B lawyer can help them submit the online visa application, schedule the interview, assist with preparation, and work to address any challenges that may come up during consular processing.
• Assisting clients after H2B visa application acceptance. It is critical to continue to comply with complex immigration laws after the H2B visa is awarded and the foreign worker has arrived in Brooklyn. An immigration lawyer can help with renewals or visa extensions if there is still a need for temporary labor after the visa expires. They can ensure that you stay in line with critical regulations, such as working conditions and wage standards.

By working with an H2B visa lawyer based in the Brooklyn area, employers and workers alike can ensure that the H2B visa process is efficient and that they adhere to rules and regulations during the designated work period. An immigration attorney can assist clients with creating a customized H2B visa immigration plan.

Brooklyn Industries That Commonly Utilize H2B Visas

In Brooklyn, NY, certain industries deeply rely on the H2B visa program to help fill temporary or seasonal labor demands that arise. These industries include the following:

• Seafood processing. During peak seasons, extra workers are commonly needed at seafood processing plants, commonly located in coastal areas. Key positions, such as line workers and packers, can be filled through the H2B visa program.
• During periods when there is a surge in demand, the construction industry must often hire extra carpenters, laborers, and different skilled workers. The H2B visa program allows them to fill these temporary construction positions with foreign workers.
• To continue to provide excellent customer service during the high season, restaurants, hotels, and resorts use the H2B visa program to hire foreign workers and fill positions such as cooks, dishwashers, front desk liaisons, and housekeepers.
• Landscaping industries that experience higher demand during the summer and spring seasons commonly require additional workers to continue with business operations as usual. Through the H2B visa program, they can hire foreign workers to fill jobs such as gardeners, landscapers, and builders.

If you are a company looking to hire foreign talent to meet a temporary demand in labor, an immigration lawyer from our firm can consider the types of positions you need to fill and the nature of your labor needs to determine whether the H2B visa is an optimal solution for you, as well as the type of application you will need to submit.

A Brief Overview of the H2B Visa Application Process

As the H2B visa application process can be complex and overwhelming, involving multiple steps and interactions with various stakeholders like USCIS and the DOL, it is critical to have an overall understanding of what it entails. Therefore, employers and workers can plan accordingly, ensuring that the application process goes smoothly and that key documents are submitted on time. The H2B visa application process generally involves:

• Submitting a job order. After an employer identifies the need for temporary non-agricultural workers, they will need to submit a job order to the SWA. The SWA will ensure the job is visible to US workers by posting it and all associated details.
• Carrying out US recruitment efforts. US recruitment efforts will need to be documented and submitted to apply for a temporary labor certification with the DOL. Therefore, employers looking to participate in the H2B visa program will need to attempt to hire US workers for the jobs that they temporarily need to fill.
• Submitting the application for temporary employment certification. This application, otherwise known as Form ETA-9142B, must be submitted to the DOL, along with supporting documentation, such as proof of recruitment efforts.
• Filing a petition for a non-immigrant worker with USCIS. After obtaining a temporary labor certification, an employer will need to submit proof of receipt of this document along with the petition application.
• Applying for the H2B visa. After the petition has been obtained, a foreign worker who has been hired for the job will need to apply for an H2B visa at a US consulate or embassy in their home country.

After visa approval, the foreign worker will be able to come to Brooklyn to start working according to the conditions laid out in their employment contract. During this time period, the employer will need to comply with legal regulations and visa conditions. A dedicated and experienced immigration lawyer based in Brooklyn can help employers and workers navigate these complex processes, ensuring that critical documents are obtained on time.

Meet Critical Labor Shortages by Working With a Brooklyn H2B Visa Lawyer

Due to the fast-paced business environment, it can be difficult to keep up with the competitive corporate landscape of Brooklyn. Therefore, when a short-term demand arises, it is critical to procure skilled labor so that business operations can continue smoothly and efficiently. An experienced Brooklyn H2B Visa Lawyer from Pollack, Pollack, Isaac & DeCicco can guide you through the H2B visa application process and ensure compliance. Contact us today.