Designed for temporary workers arriving to the U.S. to cover non-agricultural roles in times of domestic worker shortages, the H-2B visa program is usually lasting a certain period usually one year the visa is extendable and good for Many H-2B visa holders, though, would like to move from their temporary status to permanent residence. Often the question is: Can someone convert from an h2b visa program for employers to a Green Card? The options, difficulties, and actions required in that change will be discussed on this page.

Learning about the H-2B Visa

Designed as a non-immigrant visa, the H-2B visa lets American companies hire foreign workers for temporary occupations in fields including hotel, construction, landscaping, and other seasonal or peak-time employment. The worker must have a job offer from a U.S. company who has shown a need for temporary labor and has not been able to locate American candidates for the post to qualify. Still, the H-2B visa offers no clear route to permanent residence. Unless they qualify for another status, such as the H-1B visa or a family-based Green Card petition, most typically the visa holder must return to their home country upon the termination of their job.

From an H-2B Visa, can one convert to a Green Card?

Though the process is not automatic, the basic response is yes. To become a lawful permanent resident, the H-2B visa holder has to follow a difficult procedure of immigration status change. Usually, the first step in moving to a Green Card is the H-2B visa holder locating a company ready to sponsor them for permanent employment. The company must so demonstrate that the employment will be permanent rather than seasonal and that they cannot locate a U.S. worker for the post. Depending on their circumstances, the worker would also have to fulfill criteria for family or employment-based Green Cards.

The function of corporate sponsorship

The most often used path for an H-2B visa holder switching to a Green Card is employer sponsorship. First showing the necessity for a permanent foreign worker, the company must first make a labor certification request with the U.S. Department of Labor. Once this is authorized, the company may apply for a Green Card using U.S. Citizenship and Immigration Services (USCIS). Given annual limits on Green Cards, particularly for some groups like skilled professionals, this procedure can be protracted. Furthermore, the waiting period for a Green Card could change based on the worker’s national of origin.

In essence, although it is feasible to get from an H-2B visa to a Green Card, the procedure is complicated and usually time-consuming. Knowing the h2b visa program for employers helps employers that want to grasp the subtleties of this process to guarantee compliance and a seamless transfer for their employees.