If you are looking to work in the United States, you should strongly consider consulting an adept Middlesex County, New Jersey Business Immigration Lawyer who can help you understand your options. Perhaps the most common nonimmigrant work-related visas are the H-1B and H-2B. These visas give employers the right to hire professionals for certain occupations. Please continue reading to learn how these visas differ in terms of eligibility criteria, period of stay, and immigration benefits to determine which is right for you.
What Are the Differences Between the H-1B Visa & the H-2B Visa?
An H-1B visa is reserved for foreign nationals in “specialty occupations” that require a higher level of education and professional experience. These jobs usually involve the application of specialized knowledge such as in engineering, technology, healthcare, or finance. An H-2B visa, on the other hand, is for temporary, non-agricultural workers in seasonal jobs that don’t require a high level of education or specialized skills. These jobs are often in the hospitality, landscaping, or construction industries. Essentially, the primary difference between an H-1B visa and an H-2B visa is the type of work they allow.
There is a cap on the number of H-1B visas that can be issued each fiscal year. This visa is subject to an annual lottery due to the high demand, meaning not all applications will be selected for processing. The H-1B visa includes 65,000 visas for foreign nationals having at least a U.S. bachelor’s degree or its equivalent and 20,000 visas for foreign nations holding a U.S. master’s degree or equivalent. The H-2B visa also has a cap. However, it is split into two periods to cover each half of the fiscal year. This allows for more flexibility in hiring. The number of H-2B visas that can be issued has a limit of 66,000 visas per year, with 33,000 visas for the first half of the fiscal year. Both visas require employer sponsorship, but the H-1B visa usually involves a more rigorous application process. This is because the H-1B visa is for skilled labor.
Furthermore, the H-1B visa permits foreign nationals to stay for an initial period of three years, which can be extended up to a maximum of six years. However, in certain cases, foreign nationals are eligible to stay for longer than six years. An H-2B visa allows a maximum stay of three years, with exertions possible in one-year increments. However, this is only if a new temporary labor certification is provided each time.
At the Law Offices of Aditya Surti, LLC, we are prepared to inform you of your options and guide you through the process ahead. For a consultation, contact our firm today.
