Navigating H2B Visa Extensions
and Changes
Understanding how to manage H2B visa extensions and changes is essential for both employers and employees. The H2B visa allows for temporary employment in the U.S., but circumstances may require an extension or change in employment conditions. Here's what you need to know:
- Extension Eligibility: H2B visas can be extended in increments of up to one year each. The maximum stay is three years. To extend, employers must file a new labor certification and a Form I-129 petition.
- Change of Employer: H2B visa holders can change employers but must have a new employer file a Form I-129 petition on their behalf before making the change.
- Documentation and Timing: Timely submission of all required documentation is crucial. Delays can affect the employee's legal status and the employer's ability to maintain continuous labor.
Both extensions and changes require careful planning and adherence to U.S. Citizenship and Immigration Services (USCIS) regulations. Employers and employees must work closely to ensure compliance and avoid any impact on the employee's legal status in the U.S.
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