How long does it take for H-2B visa to be approved?
Before filing an H-2B application, the employer should have a Prevailing Wage request submitted to the Department of Labor. Once the DOL approves the request, the employers can petition the USCIS. The whole certification process might take about four to six months.
How does the H2B visa process work for a company?
Your journey through your H2B Visa Program begins when your U.S. sponsor submits a Form I-129 to the USCIS. However, your employer must first obtain a Temporary Labor Certification from the Department of Labor. By doing this, your company establishes that there are no U.S. workers available to fill that position.
How long can you extend H-2B status?
Generally, USCIS may grant H-2B classification for up to the period of time authorized on the temporary labor certification. 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.
Does authorized time on H-2B visa count abroad?
The authorized time on the H-2B visa is counted whether the visa holder is abroad or in the United States. What legal requirements must employers of H-2B visa holders meet?
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.
How long does a H-2B visa last?
3 yearsThe maximum period of stay in H-2B classification is 3 years. A person who has held H-2B nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2B nonimmigrant.
How much does it cost to get a 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. Certain other fees might apply, depending on your nationality.
How easy is it to get a H-2B visa?
To qualify for an H-2B visa, your employer must meet the following requirements: The employer must have a need which is seasonal, one-time, intermittent, or peak load. The job time-frame must be for less than one year. There must be no qualified and willing U.S. workers available for the job.
How many H2B visas issued 2022?
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.
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.
How long can H-2B workers stay?
The H-2B classification allows for a maximum stay of three years. A person who has held H-2B nonimmigrant status for a total of three years must leave the United States for three months before applying for readmission as an H-2B nonimmigrant.
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.
Can H-2B workers have 2 jobs?
You cannot have a second job. You can only work for the employer who filed for H-2B. Working a second job would be a violation of your H-2B non-immigrant visa...
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 are needed for H-2B visa?
You are eligible for the H2B Visa provided: You have a valid job offer from a US employer to perform temporary or seasonal non-agricultural work. You intend to return to your home country on expiration of the visa.
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...
What is the Temporary Labor Certification?
Before the USCIS approves your Form 1-129, your H2B sponsor must provide evidence about the position. To this end, your company must obtain valid T...
How does the H2B Visa Program cap work?
Every year, the number of foreign workers who wish to enter the U.S. for a temporary job increases significantly. However, the USCIS has set a cap...
How much does the H2-B Visa cost?
The H2B Visa cost is the same as all the other Temporary Employment permits, that is $190. Please, note that, under the U.S. Immigration Law, no ag...
What can an H-2B Visa holder do while in the US?
While in the U.S. on an H2B Visa, you can undertake short periods of study. However, you cannot engage in full-time activities that may interfere w...
Can IAS help me apply for the H2B Visa Program?
The H-2B Visa is valid only for temporary jobs. In other words, if you wish to seek continuous and permanent employment in the U.S., this is not th...
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 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.
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.
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.
How to obtain prevailing wage determination for H2B visa?
This is requested by using form ETA-9141 which is typically submitted electronically. The purpose of this step is to ensure that you will be paying the same wages as others in the area for similar positions.
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.
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 does it take to get an H2B visa?
As a general rule, your H2B Visa sponsor can file the request a minimum of 60 days, but no more than 120 days, before your services are needed.
What is the processing time for an H2B Visa?
Your journey through your H2B Visa Program begins when your U.S. sponsor submits a Form I-129 to the USCIS. However, your employer must first obtain a Temporary Labor Certification from the Department of Labor. By doing this, your company establishes that there are no U.S. workers available to fill that position.
What are the H2B Visa requirements?
Before you can file your petition, you must find a U.S.-based sponsor and receive an offer to perform a temporary job. Moreover, you must meet the following H2B Visa requirements:
How long will my H2B Visa last?
Generally, the USCIS will grant your H2B Visa for up to the period your employer requires your service .
What is an I-129 form?
To be eligible, you must receive a formal offer from an U.S.-based employer. Your company must then file a Form I -129 (Petition for Non-immigrant Worker) on your behalf. Every fiscal year, the USCIS sets a statutory numerical limit on the total number of H-2B visas that can be issued.
What is an H-2B visa?
The H-2B Visa allows US employers to hire migrant workers to fill temporary non-agricultural roles in the US.
How many petitions are approved in the first half of the year?
Of these, 33,000 petitions are approved in the first half of the year (from October 1 to March 31). Any available permit from the first period of the year will be accessible for workers seeking entrance from April to September. However, unissued visas from one fiscal year cannot be carried over into the next.
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.
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.
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.
How does an employer obtain a temporary Labor Certification?
The employer must submit Form ETA-9142 to the U.S. Department of Labor for permission to employ seasonal or temporary laborers. The employer must show proof that there are no available U. S. workers to undertake the work, and that the use of foreign workers will not negatively impact the working conditions or wages of similarly-employed local workers.
H2B Visa: Temporary Non-Agricultural Workers
The H2B program is for US employers and agencies that allow them to hire foreign nationals in the United States for a temporary non-agricultural jobs. The H2B Visa requires that US employers or agents requires meet specific regulatory needs and file the Form I-129 for non-immigration workers on the worker’s behalf.
Qualification criteria for H2B Visa
In order to qualify the H2B classification of a non-immigrant, the petitioner should be able to prove that:
H2B Visa Summary
The entry to the US for foreign nationals is possible only if the demand persists, Moreover, you need qualify the necessary skills required for the job. Connecting with the agents in order to identify job requirements can easily let a person apply for temporary employment in the US.
How Long Can You Stay on an H-2B Visa?
The initial H-2B visa is good for up to one year. If the employer can show that it needs you for a longer time, and you can show that you still plan to return to your home country when required, the visa can be extended upon request in one year increments. Such extensions can be hard to get, however -- they're not automatic at all.
How to get temporary labor certification?
workers. If none are found, the employer can apply to its local state workforce agency (SWA) for a temporary labor certification. The SWA will transfer the case to the U.S. Department of Labor for a final decision on the labor certification.
Can seasonal non-agricultural workers apply for H-2B visa?
Seasonal non-agricultural workers, both skilled and unskilled, may apply for an H-2B visa to the United States. You must have a job offer first, for a position for which there is a shortage of U.S. workers willing or able to take the job. You must be able to show that you intend to return home at the end of the permitted stay.
Can an attorney help you with an H-2B?
The attorney can help you assess which visa category is most appropriate for your employment purposes and , if you apply for an H-2B, help you not only prepare the paperwork but try to get it submitted early enough that visas for that year won't have run out when you apply.
What is an H-2B?
The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States.The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peakload need or intermittent need. The H-2B program requires the employer ...
What is the wage and hour division?
The Wage and Hour Division has been delegated enforcement responsibility by the Department of Homeland Security effective January 18, 2009, to ensure H-2B workers are employed in compliance with H-2B labor certification requirements. The Wage and Hour Division may impose administrative remedies such as wage payments and civil money penalties against employers who violate certain H-2B provisions.
What Is the H-2B Visa?
The H-2B visa is a special type of work visa that allows employers to hire non-agricultural workers to fill in temporary job requirements. This visa can only be utilized when U.S. workers are not available for the job.
How long does it take to get a USCIS certification?
Once the DOL approves the request, the employers can petition the USCIS. The whole certification process might take about four to six months. It should be noted that the employer must start this process at least six months before the date workers are needed.
How to deal with visa applications?
In these cases, seeking a helping hand via a recruitment agency could be a great idea. These visa recruitment agencies are well versed in understanding the labor needs and have the expertise to deal with the visa-related paperwork efficiently. They also give employers access to a reliable and legal global labor market to help them get their jobs done with ease.
