If you are looking to work in the U.S., it’s crucial to understand the differences between an H-1B and an H-2B visa to determine which is right for you. Please continue reading as we explore what you need to know about these matters and how a determined Essex County Employment Immigration Attorney can help you make the right choice while applying.
What Are the Differences Between the H-1B Visa and H-2B Visa Programs?
The H-1B and H-2B visas allow foreign nationals to work in the U.S. These nonimmigrant work visas are the most common ones sought by individuals who desire to work in the U.S. However, they differ in terms of eligibility criteria, period of stay, and more.
Eligibility criteria
The H-1B visa program was designed to fulfill the shortage of skilled labor in the U.S. market. As such, it’s reserved for foreign nationals to apply for “specialty occupations” that require a high level of education and professional experience. These jobs often involve theoretical and practical application of specialized knowledge in engineering, healthcare, technology, or finance. Since these visas are granted for specialty occupations, you will need to demonstrate that you have the necessary skills to perform services in such occupations. The following are the requirements to qualify for an H-1B visa:
- Have a U.S. bachelor’s degree or its equivalent in a particular field.
- The position requires the application of specialized skills or knowledge which can normally be performed by persons holding such a degree.
- A U.S. employer must be willing to sponsor your visa petition.
The H-2B visa, on the other hand, was designed to fill temporary nonagricultural jobs. These jobs don’t require a higher level of education or professional experience. These jobs are temporary positions that are for a limited period, such as seasonal, one-time, or intermittent occurrences. They are often in the hospitality, landscaping, or construction industries. The U.S. employer who is willing to sponsor you must satisfy the following conditions:
- U.S. workers are not readily available, qualified, or willing to do the temporary work.
- The temporary workers hired from outside the U.S. will not adversely affect the wages of the U.S. workers.
- The nature of the work is temporary.
The foreign workers must satisfy the following conditions to prove their eligibility:
- They hold a temporary job offer from a U.S. employer.
- They can perform seasonal or temporary work.
- They must prove their intentions of returning to their home country before the expiration date of their temporary work visa.
As you can see, the main difference between an H-1B and an H-2B visa is the type of work they allow in the U.S.
Period of stay
The H-1B visa program allows foreign nationals to remain in the U.S. for an initial period of three years, which can be extended up to a maximum period of six years. The H-2B visa will grant foreign nationals entry for the period authorized on their temporary labor certification. However, individuals can make extension requests which can be granted in one-year increments, and a new temporary labor certification must be issued. You can only stay for a maximum period of three years on an H-2B visa.
There are several differences between these two work visas. Understanding these differences can help you determine which you qualify for. For quality employment immigration representation, please don’t hesitate to contact the Law Offices of Christopher T. Howell, Esq.
