H2B visa for a contract position

[kodlan 0]

Good day

I have an interesting question.

An american company that i have done some remote work for needs me for a 10 month or maybe longer contract in the US onsite. They have been issued a 10 month contract by a big client.

This is a Software Specialist position which they cannot find someone in the US with good experience.

Is it possible to get an H2B visa for this contract period?

Thanks

[Boiler 43,429]

As part of the tender process the Company would have had to show that they have the resource to carry out the contract.

[kodlan 0]

Hi Boiler

Thanks for your reply.

The company gained the contract as its a remote contract to another state. But they would like to have me onsite at their office to perform the remote work rather from my home country.

[abhi_meli 150]

The company should be able to guide you through the process...hope it's not one of those employment scams going around on the internet....

[Boiler 43,429]

When push comes to shove it is up to the Employer and their Legal Advisors to decide what they should do.

I can see issues with a H2b, they may not or there may be other options.

[HFM181818 748]

It is impossible to believe that there are NO USC software engineers who could do this job (unless the wage offered is a pittance, a common scam used by unethical attorneys and companies with which to import cheap labor)...and...an H2b visa is for unskilled workers.....if you are allegedly so uniquely 'skilled', then on that basis alone no petition should ever be approved on your behalf....one cannot be unskilled, yet uniquely skilled for a particular job....something smells fishy...

since H1b visas are used up, the company might try other 'creative' solutions...but the H2b is not appropriate...nor an H3 (trainee) since you won't be engaged in taking training....so what's left? Nothing.

[kodlan 0]

Hi HFM

Thanks for the reply.

Fortunately it is a very unique skill that is not found around every corner.

H1b's are up so they cant apply, next option that I suggested is a H2b as it sound possible being a visa for intermittent / peak load need.

This is a case of a intermittent / peak load / once-off need i would say.

I came to ask the question here as "visajourney" always provides really good and accurate answers, so please help me understand if this is a possibility if the company can proof -

1. Intermittent / peak load / once off need

2. No workers are available or willing to do the contract

3. Proof of contract for work that a resource is needed

Your assistance is appreciated

The company should be able to guide you through the process...hope it's not one of those employment scams going around on the internet....

Hi Abishek

I know the company owner for many years and have been doing work remotely for them for approximately 4 years.

[abhi_meli 150]

Hi HFM

Thanks for the reply.

Fortunately it is a very unique skill that is not found around every corner.

H1b's are up so they cant apply, next option that I suggested is a H2b as it sound possible being a visa for intermittent / peak load need.

This is a case of a intermittent / peak load / once-off need i would say.

I came to ask the question here as "visajourney" always provides really good and accurate answers, so please help me understand if this is a possibility if the company can proof -

1. Intermittent / peak load / once off need

2. No workers are available or willing to do the contract

3. Proof of contract for work that a resource is needed

Your assistance is appreciated

Hi Abishek

I know the company owner for many years and have been doing work remotely for them for approximately 4 years.

OK! As a matter of fact.I completely agree with HFM181818.

[HFM181818 748]

once again, the H2b visa program is for unskilled workers, like landscapers, chamber maids, etc, NOT for anyone with an alleged UNIQUE skill, one that allegedly no one else has (doubtful itself)...anyone can plant trees, cut grass or clean toilets....no unique skills are required to do the job....seasonal or not....an L1b is the visa class for those with 'specialized knowledge', but there are other requirements for that visa besides merely having the alleged one-of-a-kind skill (programming a computer in some way is not a unique skillset, BTW)...

and I doubt that this company has scoured the US workforce, then found out that there are NO US software specialists who could do the job.....I would estimate the odds against this as about 4 million to one....what the company likely wants is cheap labor.

[KierenHby 897]

once again, the H2b visa program is for unskilled workers, like landscapers, chamber maids, etc, NOT for anyone with an alleged UNIQUE skill, one that allegedly no one else has (doubtful itself)...anyone can plant trees, cut grass or clean toilets....no unique skills are required to do the job....seasonal or not....an L1b is the visa class for those with 'specialized knowledge', but there are other requirements for that visa besides merely having the alleged one-of-a-kind skill (programming a computer in some way is not a unique skillset, BTW)...

and I doubt that this company has scoured the US workforce, then found out that there are NO US software specialists who could do the job.....I would estimate the odds against this as about 4 million to one....what the company likely wants is cheap labor.

Yes, all for cheap labor.. a classic trick I see around many workplaces. I agree with both your posts, however:

seems OP is attempting to go around with the H2b to try and skirt the H1b cap.. already full,

[HFM181818 748]

as is the company's ethically challenged immigration attorney....unskilled = unskilled....seasonal demands have nothing to do with this key element of H2b visas.....'Oh gosh, I need the only person (out of six billion!!!!) who has the skill to write some software that no one else on planet Earth could write to fill this 'seasonal' need....(of course, the company only wants to pay 1/5 of the current going market rate for such a programmer, because there are only about 5000-10000 such programmers who could do the job, but none of them want to be paid twenty cents on the dollar for such programming skills, except this one dude from S Africa, who will accept such a paltry wage.....but attorneys are slow learners, and for some reason, these charlatans believe that their word or interpretation or opinion about the qualifications of their client are more accurate than anyone else's....of course, the fact that they are billing that client obscene amounts of money has nothing to do with their 'opinion'.......hah!....

[TBoneTX 43,048]

There's been no mention of what the pay rate will be...