The H-1B visa and H-2B visa are both nonimmigrant work visas that allow foreign employees to work in the United States temporarily. While they are similar in some ways, each visa serves a different purpose and has different criteria. If you are a U.S. employer or foreign worker, understanding the difference between an H-1B and H-2B visa is crucial in determining which document aligns with your needs. Read on and speak with an experienced employment visa attorney in New York City for more information and skilled representation.
What is an H-1B Visa?
An H-1B visa is a nonimmigrant visa for foreign workers with experience in specialty occupations. When a U.S. employer wants to hire a foreign professional in certain fields that require highly specialized skills and knowledge, an H-1B visa is needed. This document can apply to sciences, engineering, mathematics, medicine, education, law, architecture, the arts, and more.
What is an H-2B Visa?
An H-2B visa is a nonimmigrant visa for foreign workers in temporary nonagricultural jobs. This type of visa offers employment in fields and roles for a limited period of time, like seasonal jobs or one-time occurrences. Industries that may utilize H-2B visas include hospitality, construction, landscaping, etc.
What is the Difference Between an H-1B and an H-2B Visa?
Purpose
The main difference between an H-1B and H-2B visa is the type of jobs they are designed to fill. The H-1B visa is geared toward workers in specialty occupations or with exceptional merit that require both theoretical and practical application of highly specialized knowledge.
An H-2B visa, on the other hand, is used to fill temporary and nonagricultural jobs when there are not enough U.S. workers available to complete the work.
Eligibility
Another significant difference between the two types of visas is the eligibility requirements. To qualify for an H-1B visa, the applicant must have at least a bachelor’s degree (or its equivalent) in the specialty field of study, have a job offer from a U.S. employer, demonstrate relevant work experience, and possess an occupational license if the role requires it.
To qualify for an H-2B visa the employer must establish that there are not enough U.S. workers willing or available to do the work, that employing the foreign worker will not adversely affect the wages or working conditions of similarly employed U.S. workers, and that the work is temporary.
Length of stay
The duration of the visa is also a key difference. The H-1B visa grants workers up to 3 years of valid status and employment in the U.S. Employees can apply to extend their visa but they will not generally be allowed to extend past 6 years total, though they can apply for permanent residence during this time.
The H-2B visa is generally granted for shorter periods, often ranging from a few months to one year. The visa can be extended in 1 year increments but the duration of the stay cannot exceed 3 years in total.
To learn more about which visa is right for you, reach out to an experienced immigration attorney today.
