Is Donald Trump finally having a change of heart? In a marked shift from his earlier policies and purported stand against hiring foreign workers, in order to save jobs for Americans, President Trump has given his consent for adding 15,000 work visas for international workers in the H2B or unskilled worker category. The previous cap of 66,000 visas is now set to increase to 81,000.
What is the H2B Visa?
The H2B is visa is a temporary visa which allows foreigners to work in seasonal and non-agricultural jobs in America. The visa is available to people who hail from countries designated by the United States. As of 2017, there are 84 countries in the list. The h2b visa allows a worker to live and work in the USA up to a maximum period of one year, which can be stretched to three years in special circumstances. The h2b worker can also bring his family to live with him as his dependents. However, dependents on the h2b visa cannot work in the US. The h2b visa rules require that the nature of the job is temporary and that no American workers are available to fill the position. It is also mandated that the work should be non-agricultural in nature. So any work on a farm is out of bounds.
What are the jobs that one can do on an h2b visa?
An h2b visa is a temporary visa, foreign workers who are issued an h2b visa can work in various blue collar jobs in diverse areas such as in the hospitality industry, including Cruise ships, hotels/ motels, and resorts, as well as in industry such as construction, maintenance, landscaping, security, amusement park, retail stores, warehouses and many others. An immigrant who arrives on an h2b visa is allowed to work and stay in the US for the duration of the visa. During this time he can travel freely within the United States and also change his jobs if required.
Who can apply for H2b Visa?
As of 2017 only applicants who reside in or are passport holders of one of the 84 countries listed in the group of H2b eligible countries can apply. Although India is not a part of this list, yet a person from India or any other country can apply, provided sufficient cause is shown proving that hiring the person would be in the interest of the United States for the person to be a beneficiary of the h2b visa program.
How can one apply for H2b Visa?
A person seeking to enter the United States with the H2b visa cannot apply on his own but should find an employer who is willing to apply for him and sponsor his visa. The employee must be able to demonstrate with sufficient proof that he has tried and failed to find a local American worker with suitable qualifications who are willing to take up the job. The employer has to file a petition on behalf of the worker with the Department of Labor. After approval from the department of labor, the employer has to submit a Form I-129 to the USCIS, along with the original temporary labor certificate. After obtaining I-129 approval the applicant has to apply for an h2b visa at his consulate. On obtaining the visa the immigrant can travel to the USA and work there.