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Temporary Workers in Short Supply (H-2B Visas)
This visa category is available to an employer that has a need for services
or labor that is either a one-time occurrence, a seasonal need, a peak load need
or an intermittent need. The employer must show not only that foreign national
workers will be needed for a temporary period of time, but that there will be no
need to replace foreign national workers after their visas expire because of the
temporary nature of the position itself. The employer must advertise the
position in accordance with DOL regulations and offer the position at the
"prevailing wage" to obtain a temporary labor certification from the DOL proving
unavailability of U.S. labor. Upon approval of the temporary labor
certification, the employer files an H-2B visa petition with the USCIS.
H-2B visas are limited to the duration of the employer's need for
services, initially up to one year. Although two one-year extensions of this
status are possible, these are very difficult to obtain.
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