Introduction
Usually, when a foreigner wishes to go into the United States, they must first acquire a visa. The category of visa issued will depend on the purpose and the estimated duration of the visit. Temporary or seasonal worker visas are given to persons who wish to come to the United States for employment purposes lasting for a definite period. The U.S Citizenship and Immigration Services (USCIS) issue the visas.
Eligibility
A person from any country that has been offered employment by a U.S employer for a temporary and specified period is eligible to apply for the temporary or seasonal worker visa. The employment should be a one-time need maybe as a result of low U.S workforce or periodic needs.
How to apply
To apply for the visa, one first needs to obtain a Temporary Labor Certificate (TLC) from the United States Department of Labor. The TLC is usually proof that no workers of the country are available for the post, or will be negatively affected by the employment of the individual.
The TLC together with the visa application are forwarded to the Immigration and Naturalization Service (INS) Regional Service Centre with influence over the applicant’s proposed employment. The application also needs to include proof that the job is for a specified period and that he or she has the necessary qualifications to fill the position being offered.
Processing
The time it takes to process the visa application will depend on the backlog at the INS center working on the application. The application should take 30-60 days to be approved or denied.
Once approved, an H-2B visa is considered ideal for the length of the TLC, at most a year. Renewals for an H-2B visa can be stretched for a maximum of 3 years in annual increments. Once an individual completes the maximum stay, he or she must leave the U.S for a minimum of six months.
