Am I too old for an H-B2 visa?

On Behalf of | Apr 19, 2024 | Employment Immigration

There are many different visa programs available that benefit those with different skills and family circumstances. Oftentimes, those who qualify for visas have substantial financial resources or have pursued a higher education. However, there are also visas available for those who provide physical labor and other work in certain industries. The H-2B visa is an option for temporary non-agricultural workers.

Employers can offer H-2B visas when they have seasonal work, when they need to hire for a one-time project, when they only have intermittent need for certain services or when they experience Peak demand and need far more workers than they usually required to operate. Companies have to prove that bringing in foreign workers isn’t an attempt to push down domestic wages and that the temporary demand for labor exceeds what the domestic market can provide.

Can an older adult with years of experience qualify for an H-2B visa, or does someone’s age potentially limit their eligibility?

There is no upper age limit

Any adult who qualifies for a temporary labor certification could potentially secure a  H-2B visa. They must meet certain medical standards and be able to pass a background test. Like most professional visas, the H-2B visa is only available to those who are at least 18 years of age or older. Someone must be a lawful adult to qualify for an employment visa as a temporary non-agricultural worker in the United States. That being said, there is no upper age limit for this visa program. What matters is someone’s ability to perform the work.

Oftentimes, temporary workers may have to perform physical labor, and therefore restrictions on someone’s functional abilities caused by age or medical challenges might affect their eligibility. They could potentially stay in the United States for up to three years on a H-2B visa. Someone who qualifies for a temporary work visa can potentially enter the United States for an employment opportunity. They can also strengthen their professional relationships, which might in turn lead to more opportunities in the future.

Pursuing an H-2B visa often requires precision when filling out paperwork and establishing a history of diligent work. Ultimately, learning more about the rules that govern common employment visas may benefit those who are hoping to enter the United States. Immigrants who know what visas they may qualify for can focus their energy on applying for appropriate programs and seeking legal assistance accordingly.

Categories

Archives

FindLaw Network