H2-B Seasonal Workers in Austin, TX
Every year thousands of workers enter the U.S. on a seasonal workers visa. These workers provide the valuable and needed labor and workforce for the American agricultural industry. The U.S. economy depends on this influx of foreign workers and laborers. Peek and Toland Law Firm has experienced and knowledgeable immigration attorneys who can help determine your eligibility for the Season Worker visa, inform you of your options, and when you're ready, help you through the application process. If you are interested in learning more about your eligibility, then contact our office today to set up a consultation with one of our immigration attorneys.
H2-B: Seasonal workers
H-2B visas are temporary visas provided to seasonal workers for the purpose of working in the U.S. for one of four types of needs, (1) a one-time need, (2) a seasonal need, (3) a peakload need and (4) intermittent need.To be eligible for an H-2B visa, the worker must show:
- There are not a sufficient number of U.S. workers who are able, willing, qualified and available to do the temporary work,
- The worker’s visa will not adversely affect wages and working conditions for a similarly employed U.S. worker, and
- The employer’s need for the worker’s services or labor is temporary, even if the underlying job is a permanent job.
An employer’s need for a seasonal visa worker is defined by the type of need:
One–Time Need: The petitioner claiming a one-time need must show the worker is needed for a one-time occurrence by demonstrating:
- He or she has not employed workers to perform this service or labor in the past,
- Workers will not be needed in the future to perform this labor or service, and
- A temporary event of short duration has created a need for a temporary worker for an employment position that is otherwise permanent.
Seasonal Need: The petitioner claiming a season need must show the worker is a seasonal worker by demonstrating:
- The service or labor is one that is traditionally tied to a season of the year by an event, and
- A pattern and of recurring nature.
Peakload Need: The petitioner claiming a peakload need must show the worker is a peakload worker by demonstrating:
- He or she employs permanent workers to execute the services or labor at the place of employment,
- He or she needs to temporarily provide supplemental permanent staff at the place of employment due to a seasonal or short-term demand, and
- The temporary additions to the staff will not become part of the employer’s regular operation.
Intermittent Need: he petitioner claiming an intermittent need must show the worker is an intermittent worker by demonstrating:
- He or she has not employed permanent or full time workers to perform the services or labor, and
- On occasion or intermittently the employer needs temporary workers to perform services or labor for a short period of time.