H 2B & H 3 Visas Frequently Asked Questions

What are H 2Bs?

An H 2B is for foreign nationals temporarily working in an area other than agriculture. The position must be seasonal or intermittent, meet short-term demand, or occur one time. Multiple employees can be included if they are all coming to perform the same job, at the same location(s), and under the same terms and conditions.

The immigration law firm of Maria Cordon consults with employers to determine their employment needs. Maria Cordon also helps individuals find the best solution to their immigration status issues.

What are the basic requirements?

The H 2B visa is not designed to provide permanent employment so employment opportunities available are generally of short duration not more than nine or ten months. Extensions are available but they are highly scrutinized by the U.S. government agencies involved. An example of such position is a ski instructor in a winter resort.

Are they a source of cheap labor?

No. Employers must pay the prevailing wage for the position determined by the State Workforce Agency(s) for the area(s) of intended employment. Included in that determination is a calculation of the skill level needed to fulfill the position requirements ranging from Skill Level 1 which requires, among other factors, close supervision by the employer and very little work experience to Skill Level 4 which for experienced employees who are able to work independently.

H-3s: TRAINEES

What is an H-3?

A temporary worker coming to the U.S. to receive theoretical and practical training other than medical training or education.

What are the basic requirements?

The training is not designed to provide productive employment except what is incidental and necessary to conduct training. Trainees do not displace U.S. citizens or legal permanent residents because they are in the U.S. only temporarily and do not occupy permanent positions in the organization.

The proposed training is not available in the foreign national's home country and should enhance or benefit the foreign national in pursuing a career outside the U.S.

Training programs need to be structured and compatible with company activities.

Can you provide some examples of who benefits from these H-3 training programs?

Companies who have foreign offices and want to train employees in their methods, procedures, and familiarize them with the "firm culture" before they start to work for the company overseas.

Hospitals who have training programs for nurses and externs who are not highly trained and need to obtain some experience during school vacations.

Organizations who conduct special education exchange programs to provide practical training and experience with children with physical, mental or emotional disabilities.

Can H-2B or H-3 spouses and children live and work in the U.S.?

Admissible accompanying or following to join spouses and children cannot work in H-4 status but they can live in the US during the same time period as the principal foreign national.

How can we help you?

We consult with employers to determine what their employment needs are and how they can be resolved under current US immigration laws. We then create a plan to assist them in obtaining the desired result. We review existing training and temporary work programs to ensure they meet or exceed U.S. immigration regulatory requirements. We consult with individuals to develop the best solution to their immigration issues available considering their personal circumstances. We also prepare all petitions or applications and review supporting documentation to be filed.

To learn if H-2B or H-3 Visas are right for you, please contact us to schedule an immigration consultation.