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A shortage of truck drivers in the United States has created a need for trucking and transportation companies to extend their recruitment efforts to other countries. The immigration lawyers at Bolour/Carl expertly guide prospective employers and employees through the visa application process from start to finish.

About Bolour/Carl Immigration Group

The Bolour / Carl Immigration Group is a boutique immigration law firm based in California with offices in Los Angeles, Palm Springs, and Salinas. We have a proven track record of successfully meeting our clients’ immigration-related goals. Originally established in 1996, our firm has served thousands of clients worldwide and facilitated their dream of working in, or immigrating to, the United States.

H-2B Visa Program

The best solution for transportation employers and truck drivers is the H-2B nonimmigrant visa program. This popular program allows U.S. employers to fill full-time, temporary, non-agricultural positions with workers from more than 80 eligible foreign countries. The immigration lawyers at Bolour/Carl ensure that our clients submit timely, thorough applications to qualify for H-2B visas, which are capped at 66,000 per year.

H-2B Visa Program
H-2B Visa Application Process

H-2B Visa Application Process

At Bolour/Carl, we have deep expertise in working with the Department of Labor, United States Citizenship and Immigration Services (USCIS), the Department of State (DOS) and other agencies as we guide clients through every step of the intricate H-2B visa application process, which has three main parts:

  • Prospective employer applies for temporary labor certification from the DOL.
  • Prospective employer submits a petition to USCIS.
  • Prospective employee applies for a visa through DOS.
department of labor process h-2b visa

Department of Labor (DOL) Process

We advise employers on what is needed to establish their eligibility for the H-2B program with the DOL. This requires demonstrating that their need for drivers is temporary, even though the underlying job may not be temporary. Employers can demonstrate this in one of four ways:

  • One-time occurrence: An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for temporary workers.
  • Peak load need: A need to temporarily supplement permanent staff due to seasonal or short-term demand. 
  • Seasonal need: The work is traditionally tied to certain parts of the year.
  • Intermittent need: Employer does not employ permanent workers because it only needs services intermittently for short periods.

Employers must also show that they tried and failed to recruit workers domestically and that similarly situated U.S. workers will not be harmed if they hire foreign national workers. We expertly guide employers through every step of this procedure to ensure that errors and omissions do not cause denials or costly delays in getting their labor certification approved.

uscis application for h-2b visa

USCIS Application

Once the labor certificate is secured, we help ensure that employers complete a thorough Form I-129, Petition for Nonimmigrant Worker with USCIS.The employer can include multiple foreign national workers on the same H-2B petition.

h-2b visa consular process

Consular Process

Once USCIS approves the employer’s petition, we guide prospective employees with their H-2B visa applications. This includes assisting them with the DOS application and preparing them for an interview at a U.S. Embassy or Consulate in their country.

h-2b visa qualifications for truck driver

Who Qualifies for an H-2B Visa for Truck Driving

Candidates for an H-2B visa for truck driving must be at least 18 years old. While commercial driver’s licenses (CDLs) issued in Mexico and Canada are valid in the United States, other drivers will need to pass a test and receive their U.S. CDL before beginning work. Employers are responsible for ensuring that the drivers are trained and licensed.

H-2B visas are only available to nationals from a list of eligible countries, which was recently updated by Department of Homeland Security (DHS).

period of stay h-2b visa

Period of Stay

For temporary positions based on seasonal, intermittent or peak flow fluctuations, a labor certificate will not be approved for more than nine months. Temporary positions based on a one-time need may be approved for up to three years.

An H-2B visa is typically approved for the length of the labor certificate and may be extended for periods of up to one year. We routinely assist employers and employees with applying for extensions, which requires new temporary labor certification. An individual can remain in the H-2B status for up to three years.

h-4 nonimmigrant classification

Family Members

We also assist H-2B visa candidates with securing admission for their spouses and unmarried children under age 21 under the H-4 nonimmigrant classification.

change of status h-2b visa

Change of Status

At Bolour/Carl, we also counsel H-2B visa holders who are interested in changing their status to remain in the United States.

If you need an immigration lawyer, please contact us today.

work visa in salinas

Work Visas for Truck Drivers in Salinas, California

We have noticed an uptick in the demand for work visas, notably around Salinas and northern California. At Bolour/Carl we have an office location in Salinas and we've also represented clients from Monterey and Santa Cruz.