Each year, Norcross businesses depend on H-2B workers to meet seasonal or short-term demands that keep local industries thriving. Yet applying for this visa category remains challenging, with constant scrutiny over regulations and deadlines leading to confusion for workers and employers.
With a Norcross immigration attorney in your corner, your application can stand out and they can anticipate common mistakes that could be made during the process. By choosing professional, local support, you get a team that can help you build your future. Our team is always here for you.
What Makes Gonzalez Torres Law the Right Law Firm for Your Norcross H-2B Visa Needs?
Choosing Gonzalez Torres Law for your Norcross H-2B visa application needs means having professionals who take your hopes personally. We don’t just view your case as a number or a stack of documents. Individuals in this situation continue to choose us because:
- Our firm is led by two first-generation lawyers, and we never forget what’s at stake for hardworking families building their lives and careers in America
- We have a proven track record of success – over 292 granted residencies and visas for clients from across the world
- Our team speaks English and Spanish, breaking down barriers every day
True immigration results come from trust and resilience. As proud advocates for the Norcross immigrant community, we want to help you succeed and build your future with confidence.
What a Norcross H-2B Visa Attorney Can Do for You
When the competition for H-2B visas is high, getting the small details right could be all that separates a denied application from an accepted one. A seasoned Norcross H-2B visa lawyer can help by:
- Reviewing and preparing all forms, contracts, and supporting documents to eliminate avoidable errors
- Making sure employers follow strict recruitment and prevailing wage requirements before filing
- Gathering and presenting evidence that clearly proves the job is temporary and the need is legitimate
- Responding quickly and strategically to RFEs or challenges from USCIS or the DOL
With the right guidance, both employers and workers have a stronger chance of securing approval in a highly competitive visa environment.
What Are The Requirements of an H-2B Visa?
To successfully secure an H-2B visa, both the employer and employee must meet several criteria:
- The offer must be for a temporary, full-time, non-agricultural position in which there are not enough U.S. workers able, willing, or qualified to perform the work.
- The employer must first conduct a targeted recruitment process to attempt to hire U.S. employees before extending the opportunity abroad.
- Labor Certification from the Department of Labor must be obtained, proving domestic labor shortages and establishing prevailing wage for the industry/location.
- The job must truly be temporary – usually tied to seasonal, peak-load, or intermittently recurring needs, which the employer must document.
- The foreign worker must have a valid job offer, meet minimum requirements (such as necessary skills and lawful status), and pledge to depart the U.S. at the end of their visa period.
Fulfilling all documentation guidelines and working closely with your employer or a skilled attorney are both key, as the H-2B is highly regulated and competitive.
Common Mistakes Made in H-2B Applications
Navigating the H-2B process requires attention to timing, documentation, and detailed preparation. Making the following common mistakes can lead to denials or requests for further evidence (RFE), setting employers and workers back months, or losing the entire opportunity for the season.
Filing Too Late or Missing the Application Window
Timing matters tremendously in the H-2B arena: the annual cap fills very quickly, often within hours. Submitting an application even slightly late usually means your request won’t even be considered until the next filing period.
Not Proving the Job Is Really Temporary or Seasonal
The U.S. government reviews every H-2B petition with skepticism about whether worker needs are legitimate. If the explanation of seasonal or one-time-only need is generic, poorly written, or undocumented, the odds of denial increase.
Errors or Inconsistencies on Form ETA-9142B
Details must line up perfectly on all crucial labor-related paperwork. Sometimes the reason for a denial is as minor as mismatches between job start dates and advertisements, inconsistent job descriptions, or missing justification for wage rates.
Not Being Prepared For the Consular Interview
Applicants often lose their chance at a visa after approval because they show up at the U.S. Consulate unprepared. Without key documents, an understanding of job duties, or the ability to provide consistent answers to eligibility questions, worker denials can occur.
The best way to make sure you don’t fall into one of these traps and have trouble with your application is to speak with an experienced immigration attorney from the very beginning.
Schedule a Consultation With a Norcross H-2B Visa Attorney at Gonzalez Torres Law
Securing a temporary work stay isn’t easy with today’s complex immigration rules and constant changes being made to these processes. Fortunately, there are professionals that can help you. Our Norcross H-2B visa attorneys know the process, the government requirements, and how best to adapt your approach to meet rigorous USCIS scrutiny. Call us today to learn more about the application process and how we can help.