Westchester County H2B Visa Lawyer

Westchester County has a wealth of economic opportunities available, making it an attractive destination for nonagricultural guest workers to come and engage in temporary work opportunities. If you are a noncitizen looking to benefit from temporary work opportunities in Westchester, a Westchester County H2B visa lawyer from Pollack, Pollack, Isaac & DeCicco can support you with your labor-related immigration goals.

The immigration team at Pollack, Pollack, Isaac & DeCicco has long been supporting workers from around the globe in obtaining nonimmigrant work visas in Westchester, New York, and surrounding areas.

Founded on the premise that diversity of background and experience makes organizations and communities stronger, we are committed to helping workers and their employers navigate complex government processes and obtain their required immigration documents as efficiently as possible. We are available to support you during the H-2B visa application process today.

What Is a Westchester County H-2B Visa?

An H-2B visa is a category of nonimmigrant work visa that allows temporary, seasonal, and both skilled and unskilled workers who are not in the agricultural sector to come and work for employers located in Westchester County as well as other locations in the United States. While an H-2B visa is tied to a company, which may have its primary operations in an area like Westchester, for example, the visa is processed at the federal level through government entities like United States Citizenship and Immigration Services.

An H-2B visa requires a petitioning employer who has already been granted a valid temporary work certification from the Department of Labor. The petition, Form I-129, must be accepted by USCIS before the worker can obtain an H-2B visa. Because the process can be complex, involving multiple parties and government organizations, it’s recommended to have an experienced immigration attorney who can support you throughout the process.

What Are the Conditions of a H-2B Visa?

Noncitizens who are granted an H-2B visa can live and work in the United States for the period specified on their visa; however, they can lose their right to stay and work under certain conditions, including:

• Early Completion. If the employee finishes the services or labor that they had been hired for more than a month before the date specified in the H-2B petition, then USCIS must be notified, and they may have their visa stay period modified.
• Termination. If the H-2B nonimmigrant is fired before they fully complete the services or labor that they were hired for, then the visa may be revoked.
• Abscondment or No Show. If the worker doesn’t show up to work within five working days of the starting date on the H-2B petition or the employer-established starting date, or if the worker suddenly leaves work without notice for more than five consecutive working days, the period of stay will likely be affected.

If the labor or services are required for a time period that extends beyond the length of stay specified on the visa, an extension of the H-2B status can be applied for. This extension can be granted in increments of a maximum of one year at a time, with the H-2B nonimmigrant being allowed to stay for a maximum of up to three consecutive years with this status.

If you are concerned that your H-2B status is at risk due to termination or a misunderstanding with a Westchester County employer, an experienced H-2B visa lawyer from Pollack, Pollack, Isaac & DeCicco can help you understand your options and work to find solutions for your situation. Furthermore, an attorney from our dedicated team can assist you and your employer with the extension process.

How Many H-2B Visas Can Be Accepted Each Year in New York?

There is a cap on the number of H-2B visas that can be granted by USCIS each year on behalf of the United States government; however, this limit is not state-specific. The yearly cap is currently 66,000 H-2B status or visas granted, with the number being divided between the first and second halves of the fiscal year.

33,000 visas are granted to workers starting in the first half of the fiscal year, from October 1 to March 31, and another 33,000 visas are allocated to workers who start in the second half of the fiscal year, from April 1 to September 30. Numbers that are not used in the first half can be carried over to the second half; however, if numbers from previous years are not used, they cannot be carried over to the current year.

Depending on the circumstances, the US government may pass temporary measures that allow more visa numbers to temporarily become free. In order to understand the current cap, number of available visas, and how this could impact your H-2B visa application process, it’s important to work with a knowledgeable and experienced H-2B visa lawyer.

A Breakdown of the H-2B Program Workflow

The H-2B program process includes various entities, including the Department of Labor, United States Citizenship and Immigration Services, employers, and employees. Therefore, the process can be time-consuming and overwhelming. An experienced immigration lawyer can assist with guiding workers and employers through the following process:

• Acquiring Temporary Labor Certification. The employer who is in need of temporary nonagricultural skilled or unskilled labor must submit an application to the DoL to get a temporary labor certification. An H-2B visa lawyer can support you in this process.
• Submitting an I-129 Form. An immigration lawyer can assist the employer with filling out and submitting Form I-129 on behalf of the workers whom they would like to hire temporarily. This document must be filed with the temporary labor certification.
• Submitting an H-2B Visa Application. A knowledgeable immigration attorney can help foreign workers apply for an H-2B visa in their country of origin. They will need to go through their local consulate or embassy, provide adequate documentation, go to an interview, and submit the required processing fees.
• Entering New York. After the worker’s visa is granted, they can travel to the US for the dates specified. They will not be able to stay outside of the dates tied to their visa, which are based on the employment period specified.
• Staying and Working. The H-2B nonimmigrant is authorized to stay and work only for the time specified on their visa. During this period, they can enjoy salary and benefits from their company, travel in and out of the country, and bring certain family members with them if they obtain derivative nonimmigrant visas.

After the work period is over, the H-2B worker must return to their home country unless an extension on their contract is granted or they are able to find another authorized pathway to stay in the United States. A dedicated attorney from Pollack, Pollack, Isaac & DeCicco can provide you with the support you need for your H-2B visa from the beginning to the end of the process.

FAQs

Q: Can a Westchester County Immigration Lawyer Help Me Get a H-2B Visa?

A: Yes, an immigration lawyer located in Westchester County can support you with the process of applying for and obtaining an H-2B visa to fill temporary nonagricultural work positions in the area. They can help you determine whether the company that offered you a job is eligible for the H-2B visa program, as well as assist you in understanding your own eligibility based on your background and occupational immigration goals.

Q: Do I Need an Immigration Lawyer to Enter NY as an H-2B Nonimmigrant?

A: No, it is not required by law to have an immigration lawyer if you are an H-2B nonimmigrant entering New York. You are legally permitted to live and work in New York and the United States for the specified time period on your visa, and you can travel abroad and come back throughout this time period. However, it is recommended to have an immigration lawyer who can ensure that your rights are protected and efficiently support your immigration process.

Q: Can I Bring My Parents With Me to New York With an H-2B Visa?

A: No, H-2B nonimmigrants who have received permission to live and work in New York or the United States for a temporary time period cannot bring their parents with them. However, H-2B nonimmigrants are permitted to bring their spouse and unmarried children under the age of 21 with them under H-4 status. It’s important to note that these H-4 dependents will not be able to work during their stay.

Pursue New Career Heights With a Westchester County H2B Visa Lawyer

The H-2B program opens up opportunities for both employers and employees alike, allowing US businesses and agencies to run at peak capacities despite temporary external changes. It also allows foreign workers to come to the US and enjoy the salaries and benefits of being employed in Westchester County.

A knowledgeable and experienced H2B Visa Lawyer from Pollack, Pollack, Isaac & DeCicco can help guide you through the H-2B visa application process, follow up with the Department of Labor and USCIS on your behalf, and get you the paperwork you need quickly. Contact an immigration lawyer from our team to get started with your H-2B visa application today.