Dallas H-2 Visa Lawyer

U.S. employers who need employees to fill temporary nonagricultural jobs can petition to bring foreign nationals to the United States to fill these roles through the H-2 visa program. The process for applying for an H-2 visa can be complex, as both employers and workers must meet specific requirements.

If you are seeking temporary employment in the U.S. with the intention of maintaining your foreign residence, an experienced Dallas H-2 visa lawyer can guide you through the application process. The business immigration attorneys at Monty & Ramirez, LLP have substantial experience handling the application process for a variety of visas. We can help you understand your options and successfully perform the required steps for obtaining an H-2 visa.

How Does an H-2 Visa Work and What Are the Requirements?

The H-2 visa program provides work opportunities for those who wish to maintain their foreign residence to perform temporary work in the U.S. when persons capable of performing the services cannot be found in the country. These employees fill temporary nonagricultural jobs that have a one-time, seasonal, peak load, or intermittent need. Individuals approved for an H-2 visa are permitted to stay in the U.S. for up to three years.

However, an employer must submit specific forms and meet regulatory requirements to help a potential employee obtain this visa. A petitioner for H-2 nonimmigrant classification must establish the following:

• There are not enough U.S. workers who are able, willing, qualified, and available to perform the temporary work or services
• Employing H-2 workers will not adversely affect the wages and working conditions of U.S. workers
• The need for prospective workers’ services is temporary as a one-time occurrence, seasonal need, peak load need, or intermittent need
• They have not employed full-time workers to perform the services or labor

Special documents are required to prove available positions meet the requirements when the employer files a petition on the prospective worker’s behalf. A skilled immigration attorney can help employers gather the required information and accurately submit the application.

H-2 Visa Program Process

The H-2 visa program requires an employer to launch the process of petitioning to bring workers to the U.S. to fill temporary or seasonal jobs. The process includes the following steps to allow an H-2 visa applicant to be approved.

Step 1. Petition for Temporary Labor Certification

The petitioner (employer) must apply for and receive a temporary labor certification for H-2 workers with the U.S. Department of Labor (DOL). This process confirms that U.S. workers are not available or capable of performing the required duties.

Step 2. Submit Form I-129

After receiving a temporary labor certification from the DOL, the employer must submit Form I-129 to USCIS to petition on the prospective employee’s behalf. The employer’s approved temporary labor certification must be submitted along with the form, as well as any other documents noted in the form. If USCIS approves the petition, they will issue a Notice of Approval form.

Step 3. Prospective Workers Apply for Visa

Once the petition is approved, the worker can apply for the H-2 visa at a U.S. embassy or consulate in their home country. The worker will be required to submit Form DS-160, pay the visa fee, and attend an interview. If the visa is approved, the worker can make travel arrangements to the U.S. and seek admission with U.S. Customs at a U.S. port of entry.

Contact an Experienced Immigration Attorney for Assistance Obtaining Your H-2 Visa

Meeting all the requirements for obtaining an H-2 visa can be an overwhelming process that requires vital documentation for success. However, with a skilled Dallas H-2 visa lawyer by your side, the process does not have to be difficult. If you would like to enter the U.S. to fill a temporary job role, the dedicated immigration attorneys at Monty & Ramirez, LLP can help you explore your legal options and guide you through the process of obtaining your H-2 visa to work in Dallas. Contact us today to schedule your consultation.