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.
How do I apply for a 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.
How long is an H-2B visa good for?
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 long does it take to get a H-1B1 visa?
Since the H-1B1 visa is not available for premium processing, it takes more time than the H-1B. Processing time in general takes 4 to 6 months. The time also depends on seasonal fluctuations, so for more accurate information, you should contact the US Embassy where you applied.
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 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 long can you stay on a H-2B visa?
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 sponsor 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.
How many H-2B 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.
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.
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.
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 get a 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.
When should I apply for H-2B visa?
How and When to ApplyRegister - 150-120 calendar days before the date of need will be required. ( ... Obtain a Prevailing Wage Determination (PWD) - at least 60 calendar days before it is needed. ... File a job order and H-2B application - 90 to 75 days prior to the date of need.
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.
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 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 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.
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.
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 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.
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.
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.
How Long Does it Take to Get a US Visa?
The US visa processing time depends on the type of visa that you are applying for. It takes from 3 to 5 weeks for a US visa application to get processed. After the processing, the applicant can get a positive reply on their application, and the consulate will deliver the document. The delivery of the visa can take up to two other workdays.
How long does it take to get a visa after an F-2 interview?
F-2 visa. Few days to 2 weeks. After your F-2 interview, you might get a response immediately from your interviewer on whether you got the visa or you were denied. However, it is more common that the wait will be a few days or weeks.
How long does it take for a P-1 visa to process?
If you do not have premium processing, after USCIS approves the petition, it might take another 2 to 3 months for the visa to process. P-1 visa. 3 to 6 months. It is a long wait, but the US institutions offer the opportunity to pay for premium processing.
How long do you have to wait to get a visa waiver?
Applicants who are required to apply for a waiver of ineligibility in order to get the visa, should keep in might that they will have to wait for 6 to 8 months from the date of their interview to get a reply.
How long does it take to get a visa reviewed?
It can take a few weeks for an applicant that applies for i.e. a tourist visa, while it may take months for another to get a response for the same visa, because of his / her situation.
How long does it take to get a response from ESTA?
Whereas, countries under the visa waiver program, applying through Electronic Travel Authorization System for short term visits, can get a reply in their ESTA application within 72 hours.
How long does it take to get a response from a blanket petition?
In addition, employers have the option of obtaining premium processing for the additional fees, which will speed up the L-1A processing time and you’ll get a response within 1 to 3 weeks. L-2 visa. 15 days to 1 month.
