CHICAGO, February 1, 2023 – Envoy Global and its affiliated law firm, Global Immigration Associates, P.C. (GIA), are excited to announce an expansion of the firm’s H-2B visa services.
The H-2B process is time-sensitive and challenging to navigate without proper guidance. For employers seeking H-2B employment starting Oct. 1, 2023, the process begins now, and we recommend reaching out in early February.
If you wish to explore the H-2B visa and if it fits into your company’s immigration program, please contact us to learn more. H-2B counsel, Velia E. Rosas, will be in contact to walk you through the process.
Employers primarily use the H-2B visa for temporary non-agricultural employment. The employment must be full-time (35 hours per week or more) and is limited in duration (i.e., generally for nine months at a time).
The H-2B, like the H-1B visa, has an annual cap. U.S. Citizenship and Immigration Services (USCIS) released 33,000 visas on October 1, 2022, and will release another 33,000 on April 1, 2023.
That said, the Department of Homeland Security (DHS) and Department of Labor (DOL) announced that an additional 64,716 H-2B visas would be available for FY 2023.
If you think you have candidates who qualify for the H-2B, we can help you explore the next steps.
There are four ways a company may demonstrate the need for the H-2B visa:
H-2Bs in this category are traditionally tied to a season of the year by an event, pattern, and recurring nature.
Examples of industries that fall into the Seasonal category:
In this category, employers regularly employ permanent workers to perform the services or labor at the place of employment. Additionally, employers must temporarily supplement their permanent staff at their employment location due to seasonal or short-term demand. As such, the temporary additions to staff will not become part of an employer’s regular operations.
Examples of industries that fall into the Peakload category:
In this category, an employer has not employed permanent or full-time employees to perform the services or labor for short periods.
Here’s an example: A company produces limited edition porcelain ware to commemorate a special event, but they only do so from time to time. This production is not on a fixed schedule.
In this category, the employment situation is permanent, but a temporary event of a short duration has created the need for an employer to hire a temporary worker or the employer must establish that it has not employed workers to perform the services or labor in the past and that it will not need workers to perform the services or labor in the future.
As such, the employer needs workers to perform the service or labor but will not need these workers to perform the services or labor in the future.
Any industry can fall into this category. For example, say a construction company is refurbishing a church and needs to bring in stain-glass experts who happen to be foreign. The construction company can utilize the H-2B on a one-time basis to bring the experts into the U.S. to help complete the project.
Envoy is pleased to provide you this information, which was prepared in collaboration with Ryan Bay (Managing Partner) and Velia Rosas (Of Counsel) at Global Immigration Associates (GIA), one of the two independent U.S. law firms Envoy exclusively works with on the Envoy Platform (the “U.S. Law Firms”).
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an attorney at one of the two U.S. Law Firms working with the Envoy Platform or another qualified professional. On non-U.S. immigration issues, consult an Envoy global immigration service provider or another qualified representative.
About Envoy Global
Founded in 1998, Envoy Global is a global immigration services provider offering the only immigration management platform that makes it seamless for companies to hire and manage an international workforce. By combining expert legal representation—for both inbound and non-U.S. immigration—and proprietary technology, Envoy empowers companies to acquire the best talent regardless of where they live, while simultaneously managing their entire global workforce and enabling employees to take advantage of business opportunities around the globe. Envoy is a 2019 honoree of the 18th Annual Chicago Innovation Awards, 20th Annual Illinois Technology Association (ITA) CityLIGHTS Awards, Corporate Immigration & Relocation Best Global Corporate Immigration Platform, Built In Chicago’s 2022 Best Places To Work, Best Mid-Sized Places To Work and Best Benefits, and ChicagoInno’s Coolest Companies List. Envoy is affiliated with two law firms, Global Immigration Associates, P.C. (GIA), who provide immigration legal services to companies and was ranked in the Chambers USA 2021 guide as a top law firm in Illinois within the immigration category, and Corporate Immigration Partners (CIP), an elite group of immigration attorneys and legal professionals who provide personalized immigration services to companies. Please visit www.envoyglobal.com for more information.