The Law Offices of Tina Sharma recently obtained an H2B approval for our client’s amazing Nanny! Our client can rest easy now, knowing that her children will be well cared for by a nanny they love!
H2B cases are typically for non-agricultural seasonal workers. H2B status can also be sued to try to sponsor a nanny to come to work in the United States based on what is termed a “one time occurrence.” H2B visas are difficult to obtain. These are complicated cases that involve obtaining certification of worker shortages from the Department of Labor.
The employer has a number of detailed regulatory rules that must strictly be followed in order to apply for certification by the Department of Labor. Even when a certification is obtained by the Department of Labor, the next step is obtaining approval by the United States Citizenship and Immigration Service (USCIS).
In addition, there are a limited number of H2B visas allotted by the government each year. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct. 1 – March 31) and 33,000 (plus any unused numbers from the first half of the fiscal year) for workers who begin employment in the second half of the fiscal year (April 1 – Sept. 30).