A welder can apply for an H-2B visa if a U.S. employer is willing to sponsor them for temporary or seasonal work. The H-2B visa allows U.S. employers to hire foreign workers for non-agricultural jobs when there are not enough U.S. workers available. Here’s a step-by-step breakdown of the process from our Los Angeles, CA Deportation Lawyer:
1. Job Offer From A U.S. Employer
- The welder must first secure a temporary job offer from a U.S. employer. The employer must demonstrate that they need welders for a temporary, seasonal, or peak-load period and that there are not enough qualified U.S. workers to fill the position.
2. Labor Certification From The Department Of Labor (DOL)
- The U.S. employer must apply for and obtain a temporary labor certification from the Department of Labor (DOL). This certification shows that:
- There are not enough U.S. workers who are able, willing, qualified, and available to perform the job.
- Hiring a foreign worker will not negatively affect the wages and working conditions of U.S. workers as our firm knows well since being established in 1996.
3. Filing Form I-129 (Petition For Nonimmigrant Worker)
- Once the DOL approves the labor certification, the employer files Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS) to sponsor the welder for an H-2B visa.
4. Application At U.S. Embassy Or Consulate
- If USCIS approves the I-129 petition, the welder can apply for an H-2B visa at a U.S. embassy or consulate in their home country. They will need to submit a visa application (DS-160 form) and attend a visa interview.
5. Demonstrating Temporary Work Intent
- Welders must prove that they plan to work temporarily in the U.S. and will return to their home country once the job is completed. The job should typically last for less than one year, though extensions up to three years may be possible under certain conditions.
6. Travel To The U.S.
- Once the visa is approved, the welder can enter the U.S. to begin work. The H-2B visa allows them to work only for the sponsoring employer.
Key Requirements:
- The job must be temporary or seasonal (e.g., peak-load need, one-time occurrence).
- The employer must show they tried to recruit U.S. workers.
- Welders must have the necessary skills and experience for the job.
Annual Cap:
The H-2B visa program is subject to an annual cap of 66,000 visas per fiscal year, split into two halves: 33,000 for jobs starting in the first half (October 1 – March 31) and 33,000 for jobs starting in the second half (April 1 – September 30).
By following these steps, a welder can obtain an H-2B visa to work temporarily in the U.S. for an employer who can prove they need foreign workers to meet labor demands. If your company is looking to hire those that need visas, contact Bolour / Carl Immigration Group, APC for more information; with over twenty five years of experience, our team is ready to help.
