Step 3: Prospective workers outside the U.S. appeal for the visa and admission.
After the approval of Form I-129 by USCIS, the prospective H-2B workers residing outside the United States needs to:
- Apply for an H-2B visa with the U.S. Department of State at a U.S. Embassy or Consulate abroad and then seek admission to the United States with U.S. Customs and Border Protection at a U.S. port of entry; or
- Seek direct entry to the United States at a U.S. port entry under the H-2B classification with CBP in cases where an H-2B visa is not required.
Note: You may skip Step 1 in the H-2B process if you are petitioning for one or more Canadian musicians that will be employed within a 50-mile radius from the U.S.-Canadian border for 30 days or less. It’s crucial that the documents are submitted at the right time to avoid any delay in the application process. While the application process may seem somewhat complex, it can be made easier by having our immigration attorneys by your side.
Period of Stay
Generally, USCIS may grant H-2B classification for up to the period of time authorized on the temporary labor certification. H-2B classification may be extended for qualifying employment in increments of up to 1 year each. A new, valid temporary labor certification covering the requested time must accompany each extension request. The maximum period of stay in the H-2B classification is 3 years. A person who has held H-2B nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2B nonimmigrant. Additionally, previous time spent in other H or L classifications counts toward total H-2B time.
Exception: Certain periods of time spent outside of the United States may “interrupt” an H-2B worker’s authorized stay and not count toward the 3-year limit.
The Law Offices of Prashanthi Reddy, PLLC, possess years of experience representing U.S. employers or U.S. agents to bring nonimmigrant foreign nationals to the United States for temporary non-agricultural jobs under the H-2B visa program. Hence, we are uniquely positioned to advise our clients on best practices when submitting H-2B cases. Make sure you reach out to the Law Offices of Prashanthi Reddy, PLLC, at email@example.com or call us at 212-354-1010 for help today!