Renewal and Extension of H2B Visas

Renewing and extending an H2B visa involves several considerations:

• Assessment of Ongoing Temporary Need: For renewal, employers must again demonstrate the temporary nature of the job and the need for foreign workers.
• Reapplication for Labor Certification: A new labor certification is required for each extension, confirming the continued unavailability of U.S. workers and compliance with wage regulations.
• Filing of New Petitions: Each extension requires the employer to file a new Form I-129 petition with USCIS.
• Understanding Cumulative Stay Limits: H2B visas typically allow for a stay of up to three years, with possibilities for further extensions under specific conditions. Awareness of these limits is crucial to maintain legal status.

Navigating these aspects is essential for employers and employees seeking to extend their stay under the H2B visa program.

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