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The H-2B visa is a nonimmigrant visa that is valid for a set period of time. It does not lead to permanent residence in the United States, but H-2B visa holders can apply for status adjustment from H2B visa to permanent resident. An H-2B visa holder may apply for a Green Card while on the H-2B visa.
All H-2B employers must fulfill a three-quarters guarantee. The employer must guarantee to offer the worker employment for a total number of work hours equal to at least three-fourths of the workdays in each 12-week period (or 6-week period for job orders lasting less than 120 days).
The initial stay for an H-2B visa worker is typically granted for the duration of the temporary need, which is usually up to one year. However, employers can request extensions in increments of up to one year, with a maximum stay of three years.
U.S. Citizenship and Immigration Services (USCIS) has announced that as of January 7, 2025, the additional returning H-2B worker allotment of 20,716 visas for the first half of fiscal year (FY) 2025 (October 1, 2024, to March 31, 2025) has been exhausted.
What happens if I overstay my H-2B visa? Overstaying can lead to penalties, including a ban on reentry to the U.S. Its essential to leave before your authorized stay expires.
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Returning Employees means those persons listed in a schedule to be agreed by the Parties prior to the end of the Contract Period who it is agreed were employed by the Contractor (and/or any Sub-Contractor) wholly or mainly in the supply of the Services immediately before the end of the Contract Period.
(5) the term returning employee means an involuntarily furloughed employee who has elected to return to employment pursuant to a recall notice; and.

returning worker meaning