How long can I stay in the US on an H-2B visa?
The H-2B visa is a temporary visa that allows you to remain in the United States for a maximum of one year. This visa is specifically designed for temporary foreign workers in the United States. It’s not designed to fulfill long-term employment needs. Typically, your I-797 form will state the date you are required to leave the United States.
What is an H2B visa?
H2B visas are nonimmigrant permits that allow U.S. employers to hire a foreign worker for temporary work in the U.S. through the United States Citizenship and Immigration Services. It can serve for temporary, seasonal or intermittent works.
Can I apply for extension of stay on H2B visa?
Yes, you may apply for Extension of Stay on H-2B visa. The employer may apply for re-certification for an additional two years with one year extensions, but on each new application, the employer must justify the reason for the H-2B extension request.
What is the time frame for processing H-2B visa applications?
Holders of H-2B visas can travel freely, without any restrictions at all. 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 a H-2B visa be extended?
The maximum stay period for an H2B worker is three years. Therefore, if the employee has stayed for an uninterrupted period of three years, there is no extension for such a worker.
How long does the H-2B visa process take?
between 60 days to 120 daysH2B Visa Processing Time Visas are typically processed between 60 days to 120 days. Applicants submitting on 1st January are given visas so that they can start working in the US from June.
What happens after the H-2B visa expires?
Staying in the United States After an H2B Visa's Expiration Date – What Happens If I Stay Without a Permit or Extension? Any nonimmigrant worker who decides to stay beyond the I-94 expiration date becomes “unlawfully present” in the United States, resulting in hefty consequences.
How much is an H-2B visa?
How Much Does an H-2B Visa Cost? As of January 2021, the USCIS processing fee for an H-2B petition is $460. If you need to apply for a US visa at an embassy or consulate abroad, the visa fee is $190.
Can a H-2B worker apply for green card?
The H-2B visa is a nonimmigrant visa that is valid for a set period of time. It does not lead to permanent residence in the United States, but H-2B visa holders can apply for status adjustment from H2B visa to permanent resident. An H-2B visa holder may apply for a Green Card while on the H-2B visa.
What jobs qualify for H-2B visa?
Such visas are used for a wide variety of worker types, such as business trainers, entertainers, athletes, camp counselors, ski instructors, and home attendants for terminally ill patients. The H-2B visa holder may bring along a spouse and children (unmarried, under age 21) to the United States.
How many times can you extend H-2B?
An H2B visa is usually issued for a period of one year, and can be extended by two one-year extensions for a maximum of three years in H2B visa.
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.
Can a H-2B worker change employer?
A common question by most H-2B visa holders is whether they can change employers. This is critical because the validity of the H 2B visa relies on their continued employment with their first employer. As part of the working conditions, nonimmigrant visa holders cannot change employers.
Who hires H-2B workers?
employersAn H-2B visa is a type of work visa that allows employers to hire temporary workers who are foreigners to fill temporary nonagricultural job positions such as Landscaping, grounds maintenance, construction, restaurant/hospitality, maintenance, golf, manufacturing, processing, and other specialty services firms.
Who pays H-2B visa?
The employerThe employer must either pay or reimburse the H-2B worker in the first workweek for any visa, visa processing, and other related fees incurred by the worker. But an employer need not pay passport or other charges primarily for the benefit of the worker.
Why would a H-2B visa be denied?
Failure to prove their nonimmigrant intent will result in a refusal of a visa under Section 214(b). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning.
1. What is H2B visa?
The H-2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. temporarily and engage in nonagricultural employ...
2. What is a 'one-time occurrence'?
The petitioner must establish that the petitioner has not employed workers to perform the services or labor in the past and the petitioner will not...
3. What is a 'seasonal need'?
The petitioner must establish that the services or labor is traditionally tied to a season of the year by an event or pattern and is of a recurring...
4. What is a 'peak-load need'?
The petitioner must establish that it regularly employs permanent workers to perform services or labor at the place of employment and that it needs...
5. What is an 'intermittent need'?
The petitioner must establish that it has not employed permanent or full-time workers to perform the services or labor, but occasionally or intermi...
6. What is the responsibility of the employer in establishing 'temporary need' for H-2B workers?
The employer has the burden of establishing that the need for H-2B workers is temporary and is either a one time, seasonal, peak, or intermittent n...
7. Is an H-2B visa issued only for temporary jobs?
The nature of the job itself is irrelevant. What is relevant is whether the employer’s need is truly temporary. In some situations, the employer’s...
8. What privileges do I enjoy on H2B visas?
On H-2B visas you may: Enter the U.S. for a temporary work and enjoy all employee benefits Get your dependents to stay with you in the U.S. Travel...
9. What are the limitations of H-2B visa?
The limitations of H-2B visa are : The job must be temporary in nature and the need is for one year or less. The employer’s need may not be ongoing...
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.
How long is a country list valid for?
embassy or consulate. Country listings are valid for one year. DHS may add a country to the Eligible Country List at any time if the secretary of Homeland Security determines that the country is eligible.
What does "workday" mean in USCIS?
Note: USCIS defers to DOL’s definition of “workday.” According to the Fair Labor Standards Act (FLSA), this generally means the period of time on any particular day when an employee begins and ends his or her “principal activities.”
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.
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.
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 long is an H2B visa valid?
The H2B visa is a temporary un-skilled work visa issued to people who will come to the USA usually for seasonal work like helping at the ski resorts, the visa is usually valid for only 6 months however can be extended once you’ve been admitted to the USA you would file a I-539 form with the USCIS 40 days prior to the date written in your passport. Theoretically speaking with approved extensions you could stay for up to 3 years extensions are usually good for about 8 months so you continue to file the I-539 form 40 days prior to each expiry date however once the 3 years is up you must depart the USA and stay outside the country for at least 60 days before returning, also if an extension is denied you must also make preparations to depart within 30 days of the denial.
How long can you stay in the US with an H2B visa?
The maximum stay with H-2B status is 3 years. H2B holder who used up his/her time fully ,must depart and remain outside the US fat least for 3 months before being able to seek another H-2B visa..
What is an H2B visa?
The H2B is a temporary work visa for non - skilled labour to get approved for this visa the potential employer must first prove to the dep of labour that they can not find enough local employee’s for the advertised job they must then place adverts in various places to prove that is the case if they prove the case then the dep of Labour will then petition the USCIS for the issuance of visas this process can take quite a few months to do. The dep of Labour does not charge for its fees so the only costs will be for the employer to do Local Labor Market Analysis evidence that U.S. workers are inca
What if my visa says cancelled without prejudice?
They are just stamping a Visa that is either expired or no longer valid for whatever reason in which there is no fault from you and no future impediment to get the same or even a different visa again.
How many days can you be absent in a 12 month period?
No more than 180 days’ absences are allowed in a consecutive 12-month period. You must only include whole days in this calculation. Part day absences, for example, less than 24 hours, are not counted. Therefore if the applicant had a single absence during the 12 month period and arrived in the UK on day 181, the period would not exceed 180 days.
When can you count absences from the UK?
Home Office must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 towards the 180 days allowable absences. For example, if a dependant’s qualifying period includes initial leave granted from 1 February 2015 to 31 January 2018, and an extension granted from 1 February 2018 to 31 January 2020, you must not count any absences before 1 February 2018.
Is EB1C the best route to get a green card?
If your ultimate goal is to apply for green card in EB1C category then it is the best route. Lot of international companies have started taking this route because of the high waiting time in other categories.
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.
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 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.
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.
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 are the limitations of the temporary labor certification?
Legally valid for the specific time frame, employer, employment and number of foreign workers shown on the certification
What is an H-2B visa?
The H-2B visa is one of two visas within the H-2 temporary work visa program. While the H-2A visa is designed specifically for temporary agricultural workers, the H-2B visa is designed for temporary workers in non-agricultural professions.
How long does it take to file an I-129?
employers to bring temporary workers to the United States. You need to file a petition to USCIS using form I-129. This petition must be filed no more than 6 months and no fewer than 45 days before the employer needs employees.
Can I Bring Dependents to the United States on an H-2B Visa?
Yes, you can bring dependents to the United States on an H-2B visa – just like you can with most work visas.
Can I Get a Green Card or Change My Status on an H-2B Visa?
The H-2B visa is not typically used to immigrate to the United States or seek a green card. However, there are certain situations where an H-2B visa holder can change his or her status while working in the United States.
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 long does it take to get an H2B visa?
This certification process is tedious and slow! This part of the process take 4-7 months. After you receive the labor certification you can apply for the H2b Visa using form I-129. If premium process is selected, you should get a decision on the application within 15 days.
How long do you have to keep H2B documents?
After you have filed for the H2b Visa, you will have to retain certain documents for three years. The documents that you will have to keep include:
What is an H2B visa?
The H2B visa program is designed for employers who need temporary nonagricultural workers. These workers must be coming to the United States to fulfill a temporary need. This need can be based on a single occurrence, a seasonal need, a peakload need or an intermittent need.
How many hours do you need to work to get an H2B visa?
In order to qualify, the position must be full time. Full time (for H2b visa purposes) means 35 or more hours per week. Also, the position must be based on a temporary need. The temporary need can be based on a one-time occurrence, a seasonal need, a peakload need or an intermittent need.
Why did my H2B visa fail?
There have been many H2b visa cases that have failed due to the fact that the need was permanent or long term. For example, if you request an H2b visa for a construction company that will need the employee for ten years, it is likely that your petition will fail. In order to qualify, the position should be based on a shorter well defined period. For example, if you have a large contract for a project that will require additional employees for a 10 month period of time, your chances of success will be much higher.
How to apply for H2B visa?
Once the temporary labor certification application has been approved (by certification of the application), you can apply for the H2b Visa by sending form I-129 to USCIS. When you file, it is important to note that the start date on the form I-129 must match the start date on the temporary labor certification application.
Why are H2B visas rejected?
In addition to failing on the basis of temporary need, many petitions are rejected due to the job qualifications or requirements. As you consider the H2b Visa, it is important to note that any job requirement must be legitimate and consistent with the normal requirements for similar positions in the same area of employment. Many applicants run into problems with language requirements. If you have foreign language requirements for the position, you can expect increased scrutiny. In order to obtain an approval, you will have to demonstrate that the language requirements are intrinsic to the position. If you cannot, the Department of Labor (DOL) will see the requirements as unduly restrictive and deny your application.
