At Bartell, Georgalas & Juarez, we understand that immigration matters can be overwhelming, especially when you are seeking lawful employment in a foreign country. For individuals hoping to work temporarily in the United States, particularly in seasonal or peak-demand industries, the H-2B visa can be a lifeline. If you're navigating this process in Cleveland, Ohio, or anywhere throughout the state, you don’t have to do it alone.
Our team of experienced Ohio H-2B visa attorneys is here to guide you through every step. From our main office in Cleveland, Ohio, and with additional offices in Independence, Columbus, and Oxford, Ohio, we provide comprehensive legal support to both foreign nationals and employers looking to meet labor needs lawfully and efficiently. Our attorneys bring not only knowledge of
immigration law but also a deep familiarity with the unique needs of Ohio’s industries, including landscaping, construction, hospitality, seafood processing, and more.
Whether you're an employer trying to navigate the Department of Labor’s certification requirements or a worker with questions about
your rights and eligibility, Bartell, Georgalas & Juarez is prepared to offer clarity and support. We serve a broad range of clients across Cleveland, Ohio, and we are proud to make a difference in the lives of those who rely on temporary
employment visas to build a future.
What Is an H-2B Visa and Who Is Eligible for One?
The H-2B visa is a type of temporary, non-immigrant work visa granted to foreign nationals who come to the United States to perform non-agricultural labor or services. Unlike the H-2A visa, which is limited to agricultural work, the H-2B visa covers a wide variety of seasonal industries, many of which are vital to the economy of Cleveland, Ohio and surrounding areas.
Who Needs an H-2B Visa?
This visa is especially useful for employers who face seasonal labor shortages and need to fill positions that U.S. workers are unable or unwilling to take. Examples of such roles include:
- Groundskeeping and landscaping
- Resort, hotel, and theme park staffing
- Seafood processing and packaging
- Construction laborers
- Carnival or fairground workers
To qualify for an H-2B visa, both the employer and the worker must meet strict eligibility requirements.
Eligibility Criteria for Employers:
- Must show a temporary need due to a one-time occurrence, seasonal need, peak load need, or intermittent need.
- Must obtain temporary labor certification from the U.S. Department of Labor (DOL).
- Must prove that there are not enough U.S. workers who are able, willing, and qualified to do the work.
- Must demonstrate that employing H-2B workers will not adversely affect wages and working conditions of similarly employed U.S. workers.
Eligibility Criteria for Foreign Workers:
- Must be a citizen of a country designated as eligible by the U.S. government (list updated annually).
- Must have a job offer from a U.S. employer approved by the DOL.
- Must intend to return home after the visa expires.
- Must be able to fulfill the job requirements.
Many Ohio-based employers, especially in Cleveland, Ohio, rely heavily on H-2B workers to maintain productivity during busy seasons. For foreign nationals, the H-2B visa can provide an opportunity to legally work in the United States, support their families, and gain valuable job experience.
H-2B Visa Application Process
Navigating the H-2B visa process is complex and requires attention to detail. Fortunately, our Cleveland, Ohio, H-2B visa attorneys are well-versed in guiding both employers and workers through every phase. The process involves federal agencies such as the U.S. Department of Labor (DOL), United States Citizenship and Immigration Services (USCIS), and the U.S. consulate in the applicant’s home country.
Here’s a step-by-step guide to the process:
Step-by-Step Breakdown of the H-2B Visa Process:
- Employer Obtains Temporary Labor Certification
- The employer submits Form ETA-9142B to the DOL, proving the temporary need for non-agricultural workers and the lack of available U.S. labor.
- Employer Files Form I-129 with USCIS
- Once certification is approved, the employer must file Form I-129, Petition for a Nonimmigrant Worker.
- Prospective Worker Applies for the Visa
- The foreign national applies for the visa at a U.S. embassy or consulate and completes an interview process.
- Visa Issuance and Entry into the U.S.
- Once the visa is approved, the worker may enter the U.S. and begin employment under the H-2B classification.
This process often involves rigid timelines, strict documentation requirements, and interactions with multiple agencies. Applicants from Cleveland, Ohio, as well as employers throughout Independence, Columbus, and Oxford, rely on legal guidance to avoid mistakes that can cause costly delays or denials.
Common Challenges in the H-2B Visa Process
Despite its advantages, obtaining an H-2B visa isn’t easy. Some of the most common hurdles include:
Top 5 H-2B Visa Obstacles
- Cap Limitations: Only 66,000 H-2B visas are issued per fiscal year—33,000 for the first half and 33,000 for the second. Once the cap is reached, applicants must wait for the next fiscal cycle.
- Denial of Labor Certification: Employers must show legitimate temporary need, which is often scrutinized.
- Country Eligibility Restrictions: Workers from non-approved countries may not qualify.
- Timing and Deadlines: Missing deadlines during the process can result in significant delays or forfeiture.
- Visa Interview Challenges: Applicants must prove intent to return home and clear security checks.
These challenges are why it is crucial to work with an experienced legal team like Bartell, Georgalas & Juarez. We help applicants throughout Cleveland submit accurate, timely petitions and avoid common pitfalls.
Benefits of an H-2B Visa
The H-2B visa offers several key advantages for both employers and foreign workers. It serves as a vital bridge between the U.S. labor market and seasonal employment demands, especially in cities like Cleveland, Ohio, where industries rely heavily on temporary workers during peak seasons.
For Employers in Cleveland, Ohio and Across the State
Employers in Cleveland, Ohio, as well as Independence, Columbus, and Oxford, benefit from being able to hire dedicated and experienced workers when local labor shortages arise. The ability to bring in H-2B visa holders legally helps employers maintain productivity and meet consumer demands.
Key Employer Benefits:
- Fill urgent labor gaps during busy seasons
- Maintain consistent staffing in hospitality, landscaping, and construction industries
- Hire workers who return year after year for seasonal roles
- Ensure compliance with U.S. labor laws
The legal structure of the H-2B visa process protects employers from accusations of labor violations or undocumented hiring while also offering predictability in staffing.
For Foreign Nationals
For foreign workers, the H-2B visa opens the door to valuable employment opportunities and the ability to legally earn a living in the U.S. Many workers from eligible countries depend on seasonal employment in areas like Cleveland, Ohio, to support their families and advance their professional skills.
Key Worker Benefits:
- Legal entry into the United States with employment authorization
- Protection under U.S. wage and labor laws
- Potential to return for multiple seasons with the same employer
- Opportunities to gain U.S. work experience
- Ability to travel in and out of the U.S. during visa validity
The visa is typically valid for the length of the job order, up to 9 months, but it can be extended in increments of up to one year, with a maximum total stay of three years under the H-2B classification. Many workers return year after year to the same employer in Cleveland, Ohio, fostering strong, reliable work relationships.
Can H-2B Visa Holders Bring Family Members to Cleveland, Ohio?
A common concern for individuals seeking employment in the U.S. under the H-2B visa program is whether their loved ones can accompany them during their stay. The good news is that H-2B visa holders may petition to bring immediate family members, spouses and unmarried children under the age of 21 through the H-4 visa program.
While the H-4 visa allows family members to legally reside in the United States during the duration of the H-2B worker’s employment, there are important limitations to consider. Most notably, H-4 visa holders are not eligible to work in the U.S., although they can attend school and access community services. For families moving to Cleveland, Ohio, this means spouses and children may still benefit from a supportive local community, excellent schools, and access to educational or religious institutions while the primary visa holder works.
Our team at Bartell, Georgalas & Juarez often assists H-2B workers in Cleveland, Ohio, and throughout Independence, Columbus, and Oxford, with H-4 petitions as part of a comprehensive immigration plan. We know how important family unity is during periods of transition and hard work, and we’re committed to helping families stay together legally and safely.
Whether you’re an H-2B visa holder already in Cleveland, Ohio, or are just starting the application process, our attorneys can help you explore whether your family members are eligible to join you and how to navigate the documentation required.
What Happens After an H-2B Visa Expires?
Understanding your options after your H-2B visa expires is critical to maintaining legal immigration status and protecting your future. H-2B visas are typically issued for up to 9 months but can be extended in one-year increments for a maximum of three years. Once that limit is reached, the visa holder must leave the U.S. for at least three uninterrupted months before reapplying.
If you're currently working in Cleveland, Ohio, under an H-2B visa and your job is nearing completion, you should consult with an immigration attorney well in advance of the visa expiration. Overstaying your visa, even unintentionally, can result in serious consequences, including deportation or future ineligibility for U.S. immigration benefits.
There are a few options available depending on your situation:
- Apply for an extension: If your employer still needs your services, they can file for an extension on your behalf.
- Leave and return: Some workers choose to return to their home country, then reapply in the next visa cycle.
- Change visa categories: If your circumstances have changed, you may qualify for a different visa. Our attorneys can help assess your eligibility.
At Bartell, Georgalas & Juarez, we routinely help H-2B visa holders in Cleveland, Independence, Columbus, and Oxford, Ohio, plan for what’s next. Our goal is to protect your status and keep you informed of your legal rights every step of the way.
Additional Immigration Legal Services
At Bartell, Georgalas & Juarez, our commitment to immigration law extends far beyond H-2B visa representation. We proudly assist individuals, families, and employers throughout Cleveland, Ohio, and across the state with a wide range of immigration-related matters. Whether you’re just beginning your immigration journey or facing legal challenges that threaten your status, our experienced attorneys are here to help.
In addition to visa support, we provide trusted legal guidance in areas such as:
Our legal team has successfully represented clients from around the world, including Asia, South America, Europe, and beyond. We understand that immigration law can be deeply personal and often stressful. That’s why we take a hands-on, respectful approach to every case, offering tailored strategies and steady support no matter your situation.
If you’re located in Cleveland or anywhere in the state of Ohio and need help with any immigration matter, Bartell, Georgalas & Juarez is here to serve as your trusted legal partner.
Contact Bartell, Georgalas & Juarez Today for Help Obtaining an H-2B Visa
Whether you're an employer facing labor shortages or a worker trying to secure lawful, temporary employment in the U.S., Bartell, Georgalas & Juarez is here to help. Our firm has earned a reputation throughout Cleveland, Ohio and across the state for knowledgeable, results-driven immigration representation.
Our attorneys work diligently to help you:
- Navigate the application process from start to finish
- Avoid common pitfalls and delays
- Ensure compliance with federal immigration and labor laws
- Respond quickly to agency requests or denials
- Reapply or appeal as needed if your application faces challenges
Why Choose Our Cleveland H-2B Visa Lawyers?
Choosing the right immigration attorney is one of the most important steps in your visa journey. At Bartell, Georgalas & Juarez, we are proud to serve the diverse needs of clients in Cleveland, Ohio, and throughout the state with professionalism, compassion, and unmatched legal knowledge. Our firm has decades of experience assisting individuals and employers with H-2B visas and all types of employment-based immigration matters.
What Sets Bartell, Georgalas & Juarez Apart:
- Decades of focused experience in H-2B visa petitions and U.S. immigration law
- Offices conveniently located in Cleveland, Independence, Columbus, and Oxford, Ohio, providing statewide accessibility
- A compassionate, people-first approach grounded in respect and advocacy
- Fast, responsive communication throughout the legal process
- Customized strategies tailored to the unique needs of both employers and seasonal workers
- We treat every client like they are our only client, providing personalized attention and proactive legal guidance
Whether you're a business owner seeking to fill seasonal roles or a worker pursuing opportunity in the United States, Bartell, Georgalas & Juarez is here to stand by your side every step of the way.
Our team understands the urgency and pressure involved in seasonal hiring and job placement. We treat every client with respect and strive to provide clear, reliable legal support. If you're in Cleveland, Ohio, or anywhere in the state, you can trust us to take your case seriously.
