-Sudhir Shah, Advocate, Mumbai

Unlike H-1B visa which are meant for degree holders, H-2B visas are meant for skilled and unskilled workers. This category of visa was created to allow people to come to the USA temporarily to fill in non- agricultural jobs for which US Workers were in short supplies. The yearly quota of H-2B visas are 66,000. The year begins on 1^st October and ends on 30^th September next year. This year is divided into 2 parts and for each part, more than 33,000 visas can be issued under section 101(a)(15)(H) of the Immigration and Nationality Act. To be eligible to receive an H-2B visa, you must have a job offer from a US employer to perform work i.e. either temporary or seasonal. You must have the correct background to qualify for the job you have been offered.  There must be no qualified USA workers willing or available to take the job. A Temporary Labor Certification is required and lastly you must have intention to return to your home country when your visa expires. On an H-2B visa, you can work legally in USA for your H-2B sponsor up to a maximum of 2 years.  If you are married and have unmarried minor children below the age of 21 years, they too can travel with you or travel to join you on H-4 visas.  Seasonal laborers, workers on short-term business projects, and those who go to USA as trainers of other workers commonly get H-2B visas. A job can be deemed temporary if it is a one-time occurrence, meets a seasonal or peak-load need, or fulfills an intermittent but not regular need of the USA Employer.  H-2B visas are also frequently used for entertainers who cannot meet the criteria for “O” or “P” visas.  Athletes, Camp Counselors, Craft persons, Ski persons and home attendants for terminally ill patients may be eligible for H-2B visas.

The recent newspaper reports that 25,000 H-2B visas are yet unutilized and available has caused great furor amongst Indian workers. Those willing to avail of H-2B visa and work in USA should find out whether they fall into the category of Temporary Agricultural Worker. They will also be required to find out USA sponsorers.