Careers in the landscape and gardening industry in the United States.
Each year, the landscape industry hires 300,000 men and women for careers that positively impact families, their communities and the environment.
The H-2B program allows U.S. employers or US agents who meet specific regulatory requirements to bring foreigners to the United States to fill temporary non-agricultural vacancies. A US employer, or US agent, as described in the regulations, must file Form I-129, Petition for Nonimmigrant Worker, on behalf of a prospective worker.
WHO CAN QUALIFY FOR H-2B CLASSIFICATION?
To qualify for the H-2B non-immigrant classification, the petitioner must establish that:
There are not enough American workers capable, willing, qualified and available to do temporary work.
Employing H-2B workers will not adversely affect the wages and working conditions of US workers employed in the same way.
Your need for services or labor for the prospective worker is temporary, regardless of whether the underlying job can be described as temporary. The employer's need is considered temporary if it is one (n):
Single occurrence - A petitioner who claims a single occurrence must show that he has:
A job situation that is otherwise permanent, but a temporary short-term event has created the need for a temporary worker.
No employees employed to perform the service or work in the past, and will not need workers to perform the services or work in the future;
Seasonal need - A petitioner who claims a seasonal need must show that the service or job for which he seeks workers is:
Traditionally linked to a season by an event or pattern; and
Recurrent in nature.
Note: You cannot claim a seasonal need if the period of time when you do not need the service or labor is: Unpredictable;Subject to change; or Considered a vacation for its permanent employees.
STAY PERIOD
Generally, the USCIS may grant an H-2B rating up to the time allowed in the temporary work certification. The H-2B rating can be extended to qualified jobs in increments of up to 1 year each. A new valid temporary work certification covering the requested time must accompany each request for an extension. The maximum period of stay in the H-2B classification is 3 years.
A person who has maintained H-2B non-immigrant status for a total of 3 years must leave and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2B non-immigrant. In addition, the previous time spent on other H or L classifications counts towards the total time of H-2B.
H-2B WORKER FAMILY
Any spouse of the H-2B worker and unmarried children under the age of 21 can apply for admission to the H-4 non-immigrant classification. Family members are not eligible for employment in the United States, while in H-4 status.