Can I change employer on H-2B visa?
Indeed! Visa holders who change employers or jobs may apply to have their status changed on their H-2B visas. The new employer must file Form I-129, the Petition for Non-immigrant Worker, at the appropriate USCIS Regional Service Center. Can I become a student on the H-2B visa?
What do employers need to know about H-2B visas?
The onus is on the employer to establish that the requirement for H-2B visa holders is temporary to cover seasonal, peak, intermittent or one-off periods of employment. The employer usually provides contracts, written explanations, outlines of projects and their timeframes or any other pertinent documentation.
Can I extend my H-2B visa under extraordinary circumstances?
If ‘extraordinary circumstances’ exist under which an employer needs the temporary worker for a longer duration, the employer can apply for an extension to the visa. Each application for extension is judged on its own merits. How can I extend the time on my H-2B visa?
What is the new H-2B rule for 2021?
H-2B Temporary Non-Agricultural Workers ALERT: On May 25, 2021, the Department of Homeland Security and the Department of Labor published a temporary final rule increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 22,000 additional visas through the end of fiscal year 2021.
How can I extend the time on my H-2B visa?
How long can an H-2B visa holder remain in the United States?
Can my stay be longer than 12 months on the H-2B visa?
Can my dependents join me in the U.S. on the H-2B visa?
Are my dependents eligible to work on their H-4 visas?
What is the time frame for processing H-2B visa applications?
Can the H-2B labor certification applications that are filed by job contractors be certified as temporary jobs?
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Can H-2B lead to green card?
Does the H-2B visa lead to a “green card” (permanent residence) or U.S. citizenship? No. The H-2B is a nonimmigrant visa issued for a limited period of time. It does not put workers on a path to permanent residence in the U.S. or American citizenship.
How long can I stay in the US after my H-2B visa expires?
Also, H-2B workers are permitted to stay in the United States for up to ten days after the expiration date of the approved H-2B petition to leave the country or seek an extension or change of non-immigrant status.
Can I get married on a H-2B visa?
Can I Marry A US Citizen on A Tourist Visa? The short answer is: yes, you can get married in the US while on a B-1/B-2 tourist visa or on a visa waiver program. There is nothing in the regulations that say individuals who are in the US as visitors cannot get married.
Can I change H-2B visa?
Is it possible to change status on the H-2B visa? Indeed! Visa holders who change employers or jobs may apply to have their status changed on their H-2B visas. The new employer must file Form I-129, the Petition for Non-immigrant Worker, at the appropriate USCIS Regional Service Center.
Can a H-2B visa be extended?
H-2B classification may be extended for qualifying employment in increments of up to 1 year each. A new, valid temporary labor certification covering the requested time must accompany each extension request. The maximum period of stay in H-2B classification is 3 years.
Can I change employer on H-2B visa?
Please note that the H-2B visa is not transferrable to a new employer. If an employee seeks a temporary job offer they'll need a new H-2B visa. Also, the new employer must file form ETA 750 to commence the visa process anew.
How long does the H-2B process take?
between 60 days to 120 daysH2B Visa Processing Time Visas are typically processed between 60 days to 120 days.
How long does adjustment of status take?
The adjustment of status timeline is generally 8 to 14 months for family-based applications (and often longer for other application types). However, the most significant advantage to adjusting status is that the intending immigrant may remain in the United States with family during the process.
Can I stay in US while waiting for green card?
Some people can stay in the U.S. for the entire period of applying for a U.S. green card. Others must leave the U.S., either while they wait for a visa to become available (which can take years in some cases) or in order to attend their immigrant visa interview, which is the last major step in the immigration process.
How long does a H-2B petition take to be approved?
Currently, the H-2B Application process can take more than 6 months to complete and the process is broken up into several steps. Each step is dependent upon the successful completion of the prior step.
H-2B Temporary Non-Agricultural Workers | USCIS
ALERT: USCIS has received enough petitions to reach the cap for the additional 23,500 H-2B temporary nonagricultural worker visas made available for returning workers only under the recently announced H-2B supplemental cap temporary final rule. We continue to accept petitions for H-2B nonimmigrant workers for the additional 11,500 visas allotted for nationals El Salvador, Guatemala, Honduras ...
H-2B Visa Program - Answers to Employer’s H-2B Work Visa Questions
H-2B Visa Program - Detailed Answers to Employer's Questions about H-2B Work Visa, H-2B Visa Applications, Seasonal Employment, Peak-load Need, Foreign Labor Certification, H2B Staffing, H2B Workers, Recruitment, and More.
Working on H-2B Visa - Know the Do's and Don'ts of the Workplace
Working on H-2B Visa - Know the Do's and Don'ts of the Workplace - This month's feature article lay out many of the 'Dos and Don'ts of the Workplace for H-2B visa holders.'
H2B Visa Requirements And Eligibility
H2B Visa Eligibility – It Is Suitable For: Foreign athletes, trainers or artists with a job offer from a U.S. employer; Skilled workers in crafts and trades who are able to perform tasks for which no U.S. workers are available
H-2B Program | U.S. Department of Labor - DOL
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How Long Can an H-2B Visa Holder Stay in the United States?
H-2B Visas can be issued for one year at a time and are renewable for up to three years, after which the visa holder must return to his home country for at least three months before receiving another H-2B Visa.
How Many H-2B Visas are Available Every Year?
About 66,000 H-2B visas are available for grant each fiscal year, according to the U.S. Citizenship and Immigration Services (USCIS) website. And these are divided equally between the first half of the fiscal year (October 1 to March 31) and the second half (April 1 to September 30) with about 33,000 each.
How to apply as an H-2B worker?
A prospective H-2B worker must meet the following prerequisites to launch a new petition:
Can H-2B Change Employer?
As part of the working conditions, nonimmigrant visa holders cannot change employers.
How long do you have to notify USCIS of H-2A?
Petitioners must notify USCIS of an H-2A worker’s payment or agreement to pay prohibited fees to a recruiter, facilitator, or similar employment service within 2 workdays of gaining knowledge of such payment or agreement.
Can a H-2B family member work in the US?
Any H-2B worker's spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status. Employment-Related Notifications to USCIS.
Can a H-2B spouse be a H-4?
Any H-2B worker's spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.
Is there an exemption for H-2B in Guam?
The National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA) created an exemption for certain H-2B peti tioners on Guam and in the Commonwealth of the Northern Mariana Islands (CNMI) from the requirement to show that the need for a worker is temporary. This exemption has been extended and amended by subsequent NDAAs. Volume 2, Part I, Chapter 11 of the USCIS Policy Manual provides additional information and guidance on qualifying for the exemption.
How do foreigners get green cards?
One of the most common ways foreign workers obtain green cards is by finding a U.S. employer to offer them a job and then sponsor them for one. To do so, the employer must complete the PERM labor certification process (referred to as " PERM ").
Can an H-2B visa be permanent?
The most critical aspect of the H-2B visa is that it is for a temporary position only. That means that your position cannot be permanent; it must basically cease to exist after a set time period. A ski instructor for a U.S. ski resort, for example, would neatly fit the qualifications for this visa. Although your H-2B visa allows you to work in ...
Can an employer sponsor a foreign national?
U.S. immigration law states that employers can sponsor foreign nationals through the PERM process only if the prospective job is permanent.
Does my employer sponsor me for a green card?
Your employer decides to sponsor you for a green card through the PERM process. Instead of sponsoring you for the position of ski instructor (which is temporary) your employer sponsors you for the position of resort manager (which is permanent).
Key News
The Department of Labor Appropriations Act, 2016, Division H, Title I of Public Law 114-113 ("2016 DOL Appropriations Act"), provides that the Department of Labor ("Department") may not use any funds to enforce the definition of corresponding employment found in 20 CFR 655.5 or the three-fourths guarantee rule definition found in 20 CFR 655.20, or any reference thereto.
Civil Money Penalty Inflation Adjustments
Starting in 2016, agencies across the federal government must adjust their penalties for inflation each year. Below is a table that reflects the adjustments that have occurred for penalties under this statute. For more information on the penalty adjustments, go here.
How can I extend the time on my H-2B visa?
Visa holders can apply for an Extension of Stay, but there must be justification for the extension.
How long can an H-2B visa holder remain in the United States?
Visa holders are permitted to stay in the U.S. only for the period of employment that is shown on Form ETA-750A. The initial period can be 12 months or less. Extensions can be obtained for a total of three years.
Can my stay be longer than 12 months on the H-2B visa?
If ‘extraordinary circumstances’ exist under which an employer needs the temporary worker for a longer duration, the employer can apply for an extension to the visa . Each application for extension is judged on its own merits.
Can my dependents join me in the U.S. on the H-2B visa?
Absolutely! Dependent spouses and unmarried children under 21 years of age are granted H-4 visas, and are eligible to join H-2B visa holders for the duration of their visas.
Are my dependents eligible to work on their H-4 visas?
Dependents who hold H-4 visas cannot work in the U.S. They must obtain work visas.
What is the time frame for processing H-2B visa applications?
Employers must allow a minimum of 60 days, but no more than 120 days, before workers are needed. The process is a lengthy one, so employers need to allow sufficient time for any corrections or other delays.
Can the H-2B labor certification applications that are filed by job contractors be certified as temporary jobs?
Ordinarily, H-2B applications that are filed by job contractors will not be approved because they are typically for permanent jobs. If a job contractor can establish that the need for workers is indeed temporary, the contractor might qualify for H-2B status on the basis of a one-time occurrence or a peak load requirement.
