H2B Visas For Truck Drivers: What Is It and How To Apply

By Remitbee - Nov 16, 2022

Becoming a truck driver is a great option for anyone looking for a stable and well-paying job.

The trucking industry in the U.S. is in high demand due to a shortage of drivers caused by the pandemic.

Many employers are now recruiting drivers from overseas, meaning there are plenty of opportunities for Canadians. To work as a truck driver in the U.S., you need an H-2B visa.

What Is an H-2B Visa?

H-2B visas are nonimmigrant work visas for temporary workers outside the agricultural sector.

Employers in the U.S. can also hire Canadians for one-time, seasonal, peak-load, or intermittent work if they meet certain visa requirements.

This visa is not worth considering for anyone planning to move permanently to the United States.

Who Can Apply for an H-2B Visa for Truck Driving?

Here are some requirements to qualify for an H2B visa:

  • You (as a truck driver) must be 18 years of age
  • You must show that your prospective employment in the U.S. is only temporary or seasonal and is non-agricultural
  • You must have the necessary skills, knowledge, and experience to qualify for this job
  • Your employer or agent has filed Form I-129 to the U.S. Immigration Bureau
  • Your US-based employer must issue you an official offer of employment

If you hold a valid commercial driver's license issued in Mexico or Canada, the United States will accept it. All other drivers must undergo training and testing before receiving their commercial driver's licenses to be able to drive commercial vehicles in the U.S.

The H-2B visa is limited only to citizens of about [80 countries authorized by the Department of Homeland Security (DHS). Mexico and Canada are on the list of approved countries.

You can also Read: 10 Currency Exchange Tips For Truck Drivers

How to Apply for an H-2B Visa?

The U.S. employer generally advertises and recruits for a job, trying to find American workers who are right for the job.

If the employer can't find workers in the U.S. suitable for the job, it can ask its local state workforce agency (SWA) for temporary labor certification.

The SWA will send the case to the U.S. Department of Labor for final approval of the labor certificate.

After your labor certification has been approved by Citizenship and Immigration Services (USCIS), your employer must fill out Form I-129 to ask for a visa. At this point, your employer can simultaneously ask to change your status to H-2B.

Applicants who already live in the U.S. and have a status change can start working as soon as USCIS approves the I-129 petition.

If you live outside the U.S., you'll need to apply for a visa at a U.S. Consulate. Canadian citizens can go straight to the border and bring the necessary documents for their visa application.

What Should You Bring for Your Appointment at the U.S. Consulate?

In most cases, the U.S. consulate will ask you to bring the following:

  1. Print out your completed online Form DS-160.

  2. -129 approval notice from USCIS.
  3. A valid passport for you and every member of your family traveling with you.
  4. Each applicant should have one passport-style photo.
  5. If your spouse and children will accompany you, bring birth certificates and marriage certificates showing your family relationships.
  6. A copy of your house deed or apartment lease
  7. A letter from your employer showing that you intend to leave the U.S. after your H-2B status expires.

Period of Stay

You cannot get labor certifications for temporary jobs based on seasonal, intermittent, or peak flow fluctuations beyond nine months. A one-time need for temporary positions may be approved for up to three years.

H-2B visas are typically approved for the duration of the labor certificate and can be extended for up to a year. Each extension request requires a new temporary labor certification.

A person may stay in the H-2B status for three years. After holding H-2B status for three years, you will have to depart the country for three months before you can apply for readmission for an H-2B visa.

How To Prove You Are Working Temporarily?

It is your employer's responsibility to prove that your employment is short-term and not for immigration purposes.

They must show that hiring people with H-2B visas won't hurt current employees' wages or working conditions.

  • This will apply not only to truck drivers but also to other suitable jobs with H-2B visas.
  • One-Time Occurrence
  • One-time job, no repeats
  • In the past, the company did not hire workers for the position
  • In the future, the company won't require workers to perform the task

Seasonal Employment

Job titles are traditionally tied to certain seasons, either as recurring patterns or as recurring events. Employees with regular full-time jobs cannot claim a seasonal need for vacation time.

Peak Load Need

They can only meet demand during peak season if they have permanent employees. Seasonal or short-term demands during a busy season require them to hire foreign workers temporarily to augment their permanent workforce.

Visa holders will not become regular and recurring employees due to the temporary nature of their work.

Intermittent Need

They hire temporary workers occasionally to finish the job The company does not have permanent employees to handle the work

Get Help if You Need It

If you are hired from outside the United States and need a work visa, most employers will assist with the entire H-2B application process. Consider hiring an attorney if your employer does not provide one.

An attorney also helps you prepare and submit the paperwork early enough so that your H-2B visa application won't be denied because of late submission.

Moving to the United States as a truck driver can also be a big adjustment. If you're getting paid in U.S. dollars (USD), you may need to convert your earnings to Canadian dollars (CAD) or vice versa!

And when it comes to currency exchange, you want to get the best rate possible. That's where Remitbee comes in. Try us today!