Yes you can!
H-2B visa workers make excellent candidates for the EB-3 Green Card because they are familiar with living and working in the U.S., and their English proficiency is at a high enough level for most if not all available EB-3 positions.
In terms of best practices, it is important to time the filing of the I-140 and Adjustment of Status petitions when you are in H-2B status.
Generally the best approach is to file the I-140 petition right after you start an H-2B employment period. That way you will have enough time to receive the Employment Authorization Document (EAD) from the Adjustment of Status Filing before your H-2B employment period ends.
If you are on H-2B status and considering applying for an E-B3 visa, check out some of our recent EB-3 job postings. The best way to begin earning your green card is by applying for an EB-3 level job, which we can help you find. There is currently demand in North Carolina for construction workers, truck drivers in Wilmington, Delaware, concrete installers in Utah, delivery workers in Utah, and more — see the full jobs list here.
About the H-2B Visa
The H-2B visa is a non-immigrant visa that allows U.S. employers to hire foreign workers on a temporary basis in occupations that are considered to be of a “seasonal, peak load, or intermittent” nature. These positions are typically in the landscape, hospitality, construction, and seafood industries.
The H-B visa program is capped at 66,000 visas per fiscal year with additional visas available for returning workers who have previously held H-B status within the past three years. To qualify for an H-B visa, workers must possess skill sets that are not readily available in the U.S., and their employment cannot adversely affect the wages or working conditions of similarly employed U.S. workers.
Generally speaking, applying for an H-2B visa has three main components.
Step 1 – Submitting a Temporary Labor Certification Application to the Department of Labor
In order to be granted H-2B status by the USCIS, the applicant needs to receive a temporary labor certification from the DOL.
Step 2 – Submitting Form I-129
After completing the first step in the H-2B visa process, the applicant will need to file a Form I-129 with the USCIS.
Step Three – Applying for an H-2B Visa
Finally, after completing the temporary labor certification and I-129 form, the applicant can apply for admission into the US with the Department of State at a US embassy.
H-2B Frequently Asked Questions
How long does the visa process take?
The entire H-B visa process can take anywhere from three to six months.
How expensive is the H-B visa process?
The H-B visa process can cost anywhere from $500 to $4000 depending on the specific situation.
What are the chances of my H-B application being approved?
There is no clear answer as to what percentage of H-B applications are approved. However, it is generally accepted that the approval rate is around 50%.
Does an H-2B visa require a job offer?
Yes, any employment based visa requires a labor certification from the DOL and a valid job offer.
Can my family come with me on an H-B visa?
Yes, your spouse and children under the age of 21 may accompany you to the US on an H-B visa as well. They will be granted H-4 status, which allows them to live and study in the US but not work.
What are the requirements for an H-B visa?
In order to qualify for an H-B visa, workers must possess skill sets that are not readily available in the U.S., and their employment cannot adversely affect the wages or working conditions of similarly employed U.S. workers.
Can I apply for a green card while on H-2B status?
Absolutely. H-2B status workers make great EB-3 green card candidates.
Is there a cap on the H-B visa program?
The H-B visa program is capped at 66,000 visas per fiscal year with additional visas available for returning workers who have previously held H-2B status within the past three years
About the EB-3 Visa
If you want to file for an EB-3 Green Card while in H-2B status, the first step is to find an employer who is willing to sponsor you. Once you have found a sponsoring employer, they will need to file an I-140 petition on your behalf with USCIS. If your I-140 petition is approved, you can then file for an Adjustment of Status (AOS) using Form I-485.
The AOS process can take several months to complete, so it’s important to make sure that your H-2B status will remain valid until your AOS application has been processed. One way to do this is by filing for an extension of your H-2B status, which is an extension of your H-2B status that is valid for up to one year.
If you have any questions about whether you are eligible to file for an EB-3 Green Card while in H-2B status, or about the best way to go about doing so, please contact us. We would be happy to help you navigate the process and ensure that everything is done correctly and in a timely manner.
EB-3 Visa Frequently Asked Questions
What is the EB-3 visa?
The EB-3 visa is a type of employment-based immigrant visa that allows foreign workers to live and work permanently in the United States.
How long does the EB-3 visa process take?
The entire EB-3 visa process can take anywhere from 12 to 24 months.
Can my family come with me on an EB-3 visa?
Yes, your spouse and children under the age of 21
What are common EB-3 jobs?
Popular EB-3 visa jobs include working in construction, the restaurant industry, and truck driving. Due to the US labor shortage, EB3 category workers are needed more than ever before. Employers across the country are expanding their hiring of foreign workers. Check out our full 2022 EB-3 jobs list!
