Understanding the H-1B and H-2B Visa Classifications
The H-1B and H-2B visa programs are among the most sought-after U.S. work visas for foreign professionals who wish to live and work in the United States. Each visa category offers distinct advantages and has specific eligibility criteria that applicants must meet. By understanding their key features, requirements, and differences, you can make an informed decision about which option best suits your career goals and immigration pathway. At Green Card Link, our immigration attorneys can guide you through every step of the process to maximize your chances of approval.
The H-1B Visa: For Specialty Occupations
The H-1B visa allows highly skilled foreign nationals to work in the United States in specialized roles that require advanced education or technical expertise. This category covers several sub-classifications, including:
- H-1B: Professionals in specialty occupations
- H-1B1: Specialty workers from Singapore and Chile
- H-1B2: Department of Defense (DOD) cooperative research and development project workers
- H-1B3: Fashion models of distinguished ability
Like most temporary work visas, the H-1B requires sponsorship from a qualified U.S. employer. You must receive a valid job offer before applying. The immigration attorneys at Green Card Link can help ensure that both you and your employer meet all compliance and documentation requirements under current U.S. immigration regulations.
H-1B Eligibility Criteria
To qualify for an H-1B visa, applicants generally must:
- Hold at least a bachelor’s degree or its equivalent in the specialty field from an accredited institution.
- Possess any necessary professional license or certification to perform the job duties (if applicable).
- Demonstrate relevant training or experience that aligns with the role’s specialized nature.
For H-1B3 fashion models, the applicant must show distinguished merit and ability in the field of fashion modeling.
For a position to be considered a specialty occupation, it must:
- Require at least a bachelor’s degree or higher as a minimum entry requirement.
- Be so complex or unique that it can only be performed by someone with a degree in the specialty area.
For H-1B2 DOD projects, the job must:
- Be part of a government-to-government research or development agreement managed by the U.S. Department of Defense.
- Require at least a bachelor’s degree or equivalent education and experience.
At Green Card Link, our immigration attorneys can evaluate your credentials, review your employer’s petition, and ensure your application meets the stringent H-1B requirements.
The H-2B Visa: Temporary Non-Agricultural Workers
The H-2B visa allows U.S. employers to hire foreign nationals for temporary, non-agricultural jobs. These positions can be either skilled or unskilled and often arise due to seasonal, peak-load, intermittent, or one-time labor needs. Examples of H-2B positions include:
- Camp counselors
- Resort or ski instructors
- Business trainers
- Home attendants for terminally ill patients
- Entertainers and performers
The H-2B program helps U.S. businesses meet short-term labor shortages while giving foreign workers an opportunity to gain valuable work experience in the United States.
H-2B Visa Requirements
Both the employer and the foreign worker must meet specific eligibility conditions:
Employer Requirements
The U.S. employer must demonstrate that:
- The need for foreign labor is temporary, such as a one-time occurrence, seasonal demand, peak load, or intermittent need.
- The employment period is less than one year.
- There are no available or qualified U.S. workers willing to take the position.
Employee Requirements
The foreign worker must:
- Have a valid job offer from a U.S. employer for a temporary position.
- Possess the skills and ability required for the job.
- Intend to return to their home country upon visa expiration.
Types of Temporary Labor Needs
- One-Time Occurrence: The employer has not previously hired temporary workers for the service and does not expect to do so again in the future.
- Intermittent Need: The employer occasionally requires temporary workers for specific short-term projects.
- Peak Load Need: The employer temporarily supplements its permanent workforce during periods of high demand.
- Seasonal Need: The employer’s need for labor is tied to a particular season or time of year with recurring demand.
Expert Guidance from Immigration Attorneys at Green Card Link
Navigating the H-1B or H-2B visa process can be complex, with strict eligibility rules and annual caps. At Green Card Link, our experienced immigration attorneys provide personalized assistance for employers and applicants alike. From assessing eligibility to preparing petitions and responding to USCIS requests, our team ensures every detail of your application is handled with precision and care.
If you’re ready to take the next step toward working in the United States, contact Green Card Link today to schedule a consultation and discover how our dedicated immigration attorneys can help you achieve your career goals.
H-1B and H-2B Visa Process Explained by Immigration Attorneys at Green Card Link
At Green Card Link, our experienced immigration attorneys guide both employers and foreign workers through every stage of the H-1B and H-2B visa process. While these two visa categories share similar application steps, understanding their key distinctions is essential for a smooth and successful petition.
Step 1: Labor Certification or Labor Condition Application
The process begins when the U.S. employer submits a labor certification application or labor condition application to the U.S. Department of Labor (DOL). This step demonstrates that both the employer and the foreign worker meet all legal and eligibility requirements for the respective visa type.
It’s important to distinguish between the two programs:
- H-1B Visa: Requires a Labor Condition Application (LCA) filed with the DOL.
- H-2B Visa: Requires a Temporary Labor Certification from the DOL.
The immigration attorneys at Green Card Link ensure all documentation is accurately completed to avoid processing delays and ensure compliance with DOL regulations.
Step 2: Filing Form I-129 – Petition for a Nonimmigrant Worker
Once the labor certification stage is complete, the employer must file Form I-129 with the U.S. Citizenship and Immigration Services (USCIS).
If the foreign worker is already in the United States on another valid visa, the employer may also request a change of status to H-1B or H-2B. Upon approval, the worker’s status will automatically adjust, allowing them to begin or continue employment in the U.S. without leaving the country.
Our immigration attorneys at Green Card Link provide end-to-end support throughout this process—ensuring petitions are complete, compliant, and properly filed to maximize approval chances.
Step 3: Applying for the Visa and Entry to the U.S. (For Applicants Abroad)
If the applicant is outside the United States, the visa process continues after the I-129 petition is approved. The next steps include:
- Applying for a visa at the nearest U.S. embassy or consulate in the applicant’s home country. This involves submitting the required documents and attending an interview.
- During the visa interview, the applicant must demonstrate eligibility and convince the consular officer of compliance with all nonimmigrant visa requirements.
- Once approved, the applicant receives a visa packet authorizing travel to the U.S.
Upon arrival at a U.S. Port of Entry (POE), a Customs and Border Protection (CBP) officer will conduct a final screening. Only after this inspection will the applicant be formally admitted into the United States and authorized to begin work under H-1B or H-2B status.
The immigration attorneys at Green Card Link assist clients in preparing for the interview and entry process to ensure compliance with all U.S. immigration procedures.
H-1B vs. H-2B Visa Caps
Both programs are subject to annual visa caps, which limit the number of visas issued each fiscal year. Understanding these limits can help employers and workers plan ahead.
H-1B Visa Cap
Each year, 85,000 H-1B visas are available. Of these:
- 65,000 are designated for regular applicants.
- 20,000 are reserved for individuals holding a U.S. master’s degree or higher.
Additionally, 6,800 visas are set aside for citizens of Chile and Singapore under free trade agreements. These are deducted from the general H-1B cap.
H-2B Visa Cap
The H-2B visa program has a statutory limit of 66,000 visas per fiscal year, divided into two halves:
- 33,000 visas for workers beginning employment from October 1 to March 31.
- 33,000 visas for those starting employment from April 1 to September 30.
Once these caps are reached, employers may need to wait until the next fiscal year or explore alternative visa options. At Green Card Link, our immigration attorneys can help assess other employment-based visa categories suited to your situation.
Get Professional Help from Immigration Attorneys at Green Card Link
Navigating the H-1B or H-2B visa process can be complex and time-sensitive. At Green Card Link, our knowledgeable immigration attorneys provide personalized guidance to help employers and skilled professionals achieve successful outcomes.
Whether you’re sponsoring a foreign worker or applying for a U.S. work visa yourself, our team ensures every step—from labor certification to visa issuance—is handled with precision, efficiency, and compliance.
Contact Green Card Link today to schedule a consultation with an experienced immigration attorney and take the next step toward your U.S. employment goals.
H-1B vs. H-2B Visa: Eligibility, Stay Duration, and Green Card Pathways
When deciding between an H-1B visa and an H-2B visa, understanding the eligibility requirements, duration of stay, and long-term immigration options is essential. Both visas allow foreign professionals to work in the United States, but they differ in qualifications, job types, and the possibility of obtaining a green card.
H-1B Visa Eligibility
The H-1B visa is designed for professionals in specialty occupations that require highly specialized knowledge and at least a bachelor’s degree or its equivalent. The position must meet the standards set by the U.S. Citizenship and Immigration Services (USCIS) as a specialty occupation.
In addition, fashion models applying under the H-1B category must demonstrate exceptional ability or recognition in their field.
H-2B Visa Eligibility
The H-2B visa targets non-agricultural temporary workers and offers broader access to employment opportunities. Applicants generally do not need a college degree, making it suitable for various industries such as hospitality, construction, landscaping, retail, and entertainment.
Common H-2B roles include work in hotels, resorts, restaurants, theme parks, warehouses, cruise lines, and positions such as maintenance workers, janitors, security staff, ticket attendants, and ride operators.
Period of Stay: H-1B vs. H-2B
H-1B Visa Duration – Up to 6 Years
An H-1B visa is typically granted for an initial period of three years and can be extended for another three, allowing a maximum stay of six years. In specific circumstances, extensions beyond six years may be possible, especially if the green card process is already underway.
H-2B Visa Duration – Up to 3 Years
The H-2B visa is approved for the timeframe authorized by the Department of Labor (DOL) on the temporary labor certification. Extensions may be granted in one-year increments, with a maximum cumulative stay of three years. After reaching the limit, the worker must leave the U.S. for at least three consecutive months before applying again.
Green Card Opportunities: Dual Intent Explained
H-1B Visa – Dual Intent Permitted
A significant benefit of the H-1B visa is its dual intent status, which allows you to pursue a U.S. green card while maintaining lawful H-1B status.
This means you can live and work in the U.S. temporarily while simultaneously seeking permanent residency. To adjust status, a U.S. employer must sponsor your green card through the PERM Labor Certification process and file an I-140 Immigrant Petition for Alien Worker on your behalf.
However, your current H-1B position may not automatically qualify for a green card. In such cases, your employer must offer a position that aligns with one of the employment-based green card categories.
H-2B Visa – Dual Intent Not Allowed
The H-2B visa does not permit dual intent. Once your authorized period expires, you must depart the United States. To return under an H-2B visa, you must remain outside the country for at least three months before reapplying.
Family Members of H-1B and H-2B Visa Holders
Both visa categories allow you to bring your spouse and unmarried children under 21 to the United States under H-4 dependent status.
Their permitted stay will match the principal visa holder’s authorized duration.
Employment Options for Dependents
- H-1B Dependents (H-4 Spouses): Eligible spouses may apply for Employment Authorization (EAD) by filing Form I-765, once the H-1B principal begins the green card process.
- H-2B Dependents (H-4 Family Members): H-4 dependents under the H-2B category are not eligible to work in the United States.
H-1B and H-2B Visa Lottery Process
Both visas are subject to annual caps and often exceed the number of available spots, resulting in a lottery selection system. The USCIS uses a computer-generated random process to determine which petitions are accepted for processing.
While meeting all qualifications is crucial, it does not guarantee selection. To improve your chances, apply early and ensure your petition is accurately prepared and properly filed. Green Card Link recommends working with experienced immigration attorneys to avoid costly mistakes and missed deadlines.
How Immigration Attorneys at Green Card Link Can Help
At Green Card Link, our team of experienced immigration attorneys provides comprehensive guidance on both H-1B and H-2B visa applications. We evaluate your qualifications, advise on the most suitable visa type, and help you prepare all required documentation to ensure your petition meets USCIS standards.
The immigration attorneys at Green Card Link can also assist with:
- Determining eligibility for specialty or temporary work visas.
- Managing H-1B extensions or H-2B renewals.
- Navigating the PERM and I-140 green card sponsorship process.
- Preparing for potential Requests for Evidence (RFEs) or denials.
Choosing the right visa can be a decisive step in building your future in the United States. Contact Green Card Link today to schedule a consultation with our immigration attorneys and get expert help in achieving your U.S. employment and residency goals.