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How long can a foreign-national stay in the U.S. on an H2B visa?

foreign-national h2b stay Visa
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How long can a foreign-national stay in the U.S. on an H2B visa?

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An H2B temporary work visa is given to an employer who then can sponsor workers.  Every temporary work visa is different.  The US Department of Labor approves a LABOR CERTIFICATE for every employer based on the employer’s seasonal, peak load or one-time need with very specific start and end dates to the employment.  So a hotel in Arizona may qualify for 5 months and a hotel in Massachusetts may qualify for 6.5 months, both during different times of the year. 

The total accumulative time an H2B worker can spend in the United States without having to leave the US or CHANGE STATUS to another visa category is 36 months.  This means that an H2B sponsored worker can come in for a winter job from November to April, transfer or EXTEND to another H2B job from May to October, transfer or EXTEND again for a 3rd time from November to March, and so on up to 36 consecutive months.  There can be no free time or dates between the two H2B visas; if an H2B visa ends on April 1, the next employer’s visa has to start earlier than April 1 and no later than April 2.  In all cases, the employer has to petition for the workers.

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The duration of the visa is limited to the temporary need of the employer and may last as long as one year, after which the employer may extend the visa for up to three years.

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