At Kirchner Law, we specialize in providing expert legal services for individuals and businesses seeking H-2B visas. With our extensive knowledge and experience in immigration law, we are committed to assisting clients in navigating the complexities of the H-2B visa program. Our team of dedicated attorneys is here to guide you through every step of the process, ensuring your immigration journey is smooth and successful.

Why Choose Us?

Expertise: Our team comprises highly skilled immigration lawyers who have in-depth knowledge of H-2B visa requirements, policies, and procedures. We stay updated with the latest changes in immigration laws, enabling us to provide accurate and reliable advice tailored to your specific needs.
Client-Centric Approach: We understand that each client's situation is unique, and we prioritize personalized attention. Our attorneys take the time to understand your goals and concerns, offering customized strategies to maximize your chances of obtaining an H-2B visa.
Comprehensive Services: From initial consultation to filing your application and representing you in legal proceedings, we offer a wide range of services to meet all your H-2B visa needs. Our team handles every aspect of the process, including document preparation, case analysis, and legal representation, ensuring a seamless experience for our clients.
Timely and Efficient: We value your time and strive to provide efficient services without compromising on quality. Our experienced attorneys work diligently to ensure your application is prepared accurately and submitted within the required timelines, minimizing delays and maximizing your chances of success.
Clear Communication: We believe in transparent and open communication with our clients. Our team will keep you informed about the progress of your case, promptly answer your queries, and provide regular updates throughout the visa application process.
Ethical and Professional: As a reputable law firm, we adhere to the highest ethical standards and maintain professionalism in all our interactions. We prioritize your interests and are committed to achieving the best possible outcome for you.

Our Services

H-2B Visa Consultation: Our attorneys will assess your eligibility for the H-2B visa program, explain the requirements, and provide guidance on the application process.
Application Preparation: We assist with compiling the necessary documents, completing the required forms accurately, and ensuring your application meets all the essential criteria.
Employer Compliance: Our team ensures that employers meet the necessary regulatory obligations to secure and maintain H-2B visas for their workers, including compliance with wage and labor laws.
Legal Representation: In case of any legal challenges or complications, our skilled attorneys will represent you before immigration authorities, ensuring your rights are protected and advocating for a favorable outcome.
Visa Extension and Renewal: If you require an extension or change of employer for your H-2B workers, we can guide you through the process, helping you navigate the complexities and maximize your chances of success.

H-2B VISA SERVICES

What is an H-2B Visa?

H-2 landscaping seasonal visa USCIS Immigration

The H-2B visa program is designed to allow

employers in the United States to hire temporary

foreign workers for non-agricultural positions when

there is a shortage of available American workers.

It's a program that can be quite beneficial for

employers who need to fill seasonal or peak-load

positions.

The first thing to understand is that the H-2B visa is not applicable to all industries or job types. It specifically covers non-agricultural work, such as hospitality, construction, landscaping, and seasonal jobs in tourism. So, if your business falls within these categories and you have a temporary need for additional workers, the H-2B visa might be worth considering.

The process begins with the employer applying for a temporary labor certification from the U.S. Department of Labor (DOL). This certification is obtained by proving that there are not enough qualified American workers available to fill the positions. You'll need to demonstrate that you have made significant efforts to recruit U.S. workers first before turning to foreign labor.

Once the labor certification is approved, the employer can then file a petition with the U.S. Citizenship and Immigration Services (USCIS) to bring in H-2B workers. The USCIS will review the petition and, if approved, the workers can apply for the H-2B visa at their nearest U.S. embassy or consulate.

It's important to note that there is an annual cap on the number of H-2B visas available. The current cap is set at 66,000 visas per fiscal year, divided into two halves: the first half from October 1 to March 31, and the second half from April 1 to September 30. This means that if you're applying for H-2B workers, you should submit your petition well in advance to secure a spot before the cap is reached.

Additionally, there are certain requirements and responsibilities that you, as an employer, must fulfill when hiring H-2B workers. These include providing them with fair wages, offering suitable working conditions, and covering the cost of their round-trip transportation to and from the United States.

H-2 construction seasonal visa USCIS Immigration

How do I find workers?

Kirchner Law is able to provide assistance beyond the application process if you need help with foreign recruitment. We can refer you to reputable, independent foreign worker facilitators in Mexico, El Salvador, Guatemala, and Jamaica. These preferred worker facilitators work closely with us and provide comprehensive services related to recruitment and processing of foreign workers, including:

Recruiting qualified workers who are ready, willing, and able to do the job;
Helping workers prepare their individual visa applications; and
Assisting workers through the consular interview process and arranging transportation to your place of business.