Law

Visa HB2 Eligible Countries

Hb2 visa allows U.S employers to hire foreign workers services from eligible countries to work in the non-agricultural field. The U.S employers that wish to participate in the hb2 program must meet some requirements before they can file for an hb2 visa on behalf of a prospective worker. Also, there are some requirements hb2 employees must present before they approve an hb2 program. You need to understand the federal immigration law to navigate yourself through as an employer and employee. Fortunately, abogados de inmigracion en houston can help you file and cost-effectively gain your hb2 visa.

Lists Of Eligible Countries By Homeland Security

Below are the lists of ha2 and hb2 eligible countries, as published by the Department of Homeland Security. To participate in the hb2 visa program, effective from Nov. 2021, nationals from these countries are eligible for the hb2 visa program;

Andorra Fiji Madagascar Philippines
Argentina Finland Malta San Marino
Australia France Mexico Serbia
Austria Germany Moldova Singapore
Barbados Greece Monaco Slovakia
Belgium Grenada Mongolia Slovenia
Brazil Guatemala Montenegro Solomon Islands
Brunei Honduras Mozambique South Africa
Bulgaria Hungary Nauru South Korea
Canada Iceland The Netherlands Spain
Chile Ireland New Zealand St. Vincent and the Grenadines
Colombia Israel Nicaragua Sweden
Costa Rica Italy North Macedonia Switzerland
Croatia Jamaica Norway Taiwan
Czech Republic Japan Panama Thailand
Denmark Kiribati Papua New Guinea Timor-Leste
Dominican Republic Latvia Paraguay Turkey
Ecuador Liechtenstein Peru Tuvalu
El Salvador Lithuania Poland Ukraine
Estonia Luxembourg Portugal United Kingdom
    Romania Uruguay
      Vanuatu

Referring all to country or countries in this document, you should know that the Taiwan Relations Act of 1979 provides that: whenever the law of the United States relating to foreign countries, nations, states, government, or similar entities, terms like these should include such laws shall apply with respects to Taiwan 22 U.S.C s 3303(b)(1). Accordingly, all referred country/countries in the regulations governing whether it of nations or countries that are eligible for h-2a programs participation, 8 CFR 214.2(h)(5)(i)(F)(i) and 8 CFR 214.2(h)(6)(i)(E)(i), are read to include Taiwan. And this is consistent with the United States’ one-china policy under which the United States has unofficially maintained relations with Taiwan since 1979.

A foreign national from countries not listed can only be a beneficiary of an approved hb2 petition if the secretary of homeland security decides that it is in the United States interest for the nation to be beneficiary of the hb2 program. 

Hb2 Period Of Stay

The USCIS generally grants hb2 classification a stay period authorized on the temporary labor certification. There can be an extension for qualified employment increments of up to 12 months each in the hb2 classification status. A new valid seasonal labor certification backing the requested time must accompany every extension request. The minimum period of stay under an hb2 visa is 12 months and a maximum of three years.

Individuals with hb2 non-immigrant classification status for a period of 3years must return to their country and remain there for an uninterrupted period of 3months before seeking readmission as an hb2 non-immigrant. Speak with abogado vega houston now.

What Types Of Employees Do Visa Hb2 Cover?

Essentially, the visa hb2 program is for U.S entities that wish to hire seasonal employees. The hb2 program allows U.S employers to hire migrant workers to fill non-agricultural roles in the United States. These roles must be of a temporary or seasonal nature.

So, businesses like amusement parks, beach resorts, and others that need extra workers during summer or winter are most likely to use this program. These positions can be for both skilled and unskilled workers. It depends on the type of non-agricultural job you are offering in temporary nature. In the visa hb2 program, there is no academic limitation, unlike the h1b visa program that only requires workers of a high-level academic degree to apply:

Businesses that want to participate in this program must prove to the USCIS that there are no U.S workers that are qualified, willing, and able to perform the role.

 

Show More
Close