Attorney Dr. Ergül Çeliksoy Answers Your Questions About the H-2B Visa

FRONT MARCH 5, 2025 / IN BLOGS, H-2B VISA, TR

CK Law Firm's content editor, Deniz Kaya, and CK Law Firm's founding partner, Ergül Çeliksoy, who specializes in the H-B2 visa, met with Ekşi Sözlük to answer frequently asked questions about the H-2B. We thank Ergül Çeliksoy for the enjoyable interview.

When you read this text, you will be able to find answers to the following questions:

• What is the H-2B visa and who is eligible for it?
• What are the stages of the H-2B visa application process?
• Is there an annual quota for the H-2B visa?
• Can an H-2B visa holder change jobs in the US?
• What steps should be taken if the H-2B visa is denied?
• Is it possible to obtain a permanent residence permit (Green Card) in the USA with an H-2B visa?
• What are the most important points to consider when applying for an H-2B visa?

What is an H-2B Visa and Who is Eligible for It?

The H-2B visa is a special work visa granted to foreign workers seeking temporary, seasonal, or non-agricultural work in the United States. This visa type allows employers to hire foreign workers on a temporary basis, particularly in sectors where there are labor shortages in the United States.

The H-2B visa is available under the following conditions:

1. To meet increased workload during certain periods (such as summer tourism or holiday seasons).
2. For jobs where the workload increases only at certain times of the year and cannot be covered by permanent employees.
3. For projects that the employer has not done before or will not do again in the future.

This visa is frequently preferred in the hospitality, tourism, construction, cleaning, landscaping, fishing, entertainment, and service sectors. It's a particularly important solution for employers who have demonstrated a lack of sufficient domestic workers in the US.

What are the Stages of the H-2B Visa Application Process?

The H-2B visa application process is quite detailed and multi-stage. To successfully complete this process, both the employer and the employee must complete certain steps. The process consists of the following stages:

1. Employer's Labor Request Application:
   • The employer in the US first submits an application to the US Department of Labor (DOL) proving that the need for temporary labor cannot be met by the local workforce.
   • The employer must demonstrate that the job is temporary and limited to a specific period of time.
2. Job Posting:
   • The employer advertises the position in the US job market for a specific period of time and offers it to domestic workers.
   • If suitable local workers cannot be found during this process, a permit to employ foreign workers can be obtained.
3. USCIS Approval (Form I-129 Application):
   • The employer files a Form I-129 petition with U.S. Citizenship and Immigration Services (USCIS).
   • If USCIS evaluates the application and determines that the employer truly needs foreign workers, it will approve the application.
4. Consular Visa Application:
   • Once USCIS approval is received, the employee must apply for a visa at the US Consulate in their home country.
   • During the visa interview, the employee is expected to prove that they will travel to the US temporarily and return when the job is over.

This process can take between 4 and 6 months. However, employers can reduce this time to as little as 15 days with the expedited processing option (Premium Processing).

Is There an Annual Quota for the H-2B Visa?

Yes, there is an annual quota limit for the H-2B visa. A total of 66,000 H-2B visas are issued each fiscal year. This quota is divided into two periods:

• 33,000 visas: For the period October 1 – March 31
• 33,000 visas: For the period April 1 – September 30

As demand for the H-2B visa has increased in recent years, the US government periodically opens additional visa slots. Therefore, it's important to begin the application process early and work with your employer to ensure all documentation is completed. You can check out our News page to stay up-to-date on all the latest news and updates.

Can an H-2B Visa Holder Change Jobs in the US?

No, an H-2B visa holder may only work for the employer specified on the application. An employee wishing to change jobs must have a new employer file Form I-129 with USCIS. It is prohibited to begin work until the new employer's application is approved.

If the employer is not changed or the employment continues without a new application, the visa status is considered violated and may negatively impact future US visa applications.

What Steps Should Be Taken If an H-2B Visa Is Denied?

If your H-2B visa application is denied, there are several options to reconsider the application or address any deficiencies:

1. Understanding the Reason for Rejection:
   • USCIS or the consulate will send you a letter detailing why your application was rejected. The first step is to understand the deficiencies or errors noted in the letter.
2. Re-applying:
   • A new application can be submitted once any errors or missing documents have been completed.
3. Motion to Reopen or Reconsider Request:
   • If you believe your application has been evaluated incorrectly, you can request a review of your application from USCIS.

Getting professional support from an immigration lawyer at these stages is critical to the success of your application.

Is it Possible to Obtain a US Permanent Residence Permit (Green Card) with an H-2B Visa?

The H-2B visa is a temporary visa and does not directly entitle you to apply for a Green Card. However, in some cases, you can apply for a Green Card through the Employee Sponsorship Program (PERM) if your employer offers you a permanent position.

During this process, the applicant must maintain their visa status and the employer must obtain the necessary permits. It is also crucial that the H-2B visa holder be legally present in the US at the time of application.

What are the Most Important Points to Consider When Applying for an H-2B Visa?

1. Timing: Applying before the H-2B quota is filled is critical.
2. Complete Documents: During the application process, you must ensure that all required documents are complete and accurate.
3. Proving the Job is Temporary: The employer must clearly state that the position is not permanent.
4. Honest and Consistent Information: Both employer and employee must provide consistent information on all application forms.

To learn more about the H-2B visa and start your application process, you can contact me at cklawfirm.org, info@cklawfirm.org, or on LinkedIn.