These are:
- Step 1: Submit a labor certification application As the employer, you’re also the petitioner. Before you request an H-2B...
- Step 2: Submit Form I-129 to USCIS After you’ve received the temporary labor certificate, you can head over to USCIS...
- Step 3: Alien workers apply for a visa at the US embassy
Full Answer
How to get H2B visa?
- First and foremost, a valid current passport
- Secondly, passport-size photographs.
- A printout of the Form DS-160, which is an online form. ...
- Notice of approval for H2B visa or Form I-129.
- Proving evidence that you’ll be exiting the US when your H2B visa expires. ...
How to file H2B?
The full H-2B visa application pack must include:
- An Application for Non-immigrant Visa: DS-156
- Males aged 16 to 45 must submit DS-157
- A current passport
- A passport appropriate photograph
- A valid copy of Notice of Approval for the H-2B Petition
- Proof of ties to country of abode: this can include family, property or business
- Filing fees
How to apply for H2B visa workers?
- Apply for and receive a Department of Labor Prevailing Wage Determination.
- Pursue certification of the requested visas through the Department of Labor.
- Tap the local U.S. ...
- Get Certified!
- Petition for the requested visas from United States Citizenship & Immigration.
- Approval from United States Citizenship & Immigration.
How to apply for H2B?
Your H2B visa application must include the following documents:
- DOS Form DS-160, Nonimmigrant Visa Application
- A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. ...
- A color photograph showing full face without head covering against a light background. ...
- Proof that you meet the minimum job requirements stated in the labor certification application
How can I get a H-2B visa?
H2B Visa (Temporary Non-Agricultural Workers) You can become an H2B visa holder if you have a job offer for a temporary non-agricultural role from a US-based employer. Contact our immigration lawyers today via +1 844 290 6312 for immediate help on your U.S. immigration and citizenship processing.
How long does it take to get a H-2B visa?
60 to 100 days#H2B Visa processing time period Visa processing usually occurs within 60 to 100 days. It is advisable that the employer files this application at least 60 days but not more than 120 days before the temporary worker is needed.
How much does an H-2B visa cost?
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.
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.
Who can sponsor H-2B visa?
A U.S. employer, or U.S. employer, or U.S. agent as described in the regulations, must file Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker's behalf.
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.
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.
What is the H-2B process?
H-2B is a type of visa provided by the United States Citizenship and Immigration Services. This is intended specifically for allowing companies to bring in aliens to work in the non-agricultural sector within the US for a certain time period.
How long is an H-2B visa good for?
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.
How can I get H-2B visa in Philippines?
H-2B Visa Application ProcessSubmit a labor certification application. As the first step in the process, the employer/petitioner applies for temporary labor certification (TLC) from the U.S. Department of Labor (DOL). ... Submit Form I-129 to USCIS. ... Alien workers apply for a visa at the U.S. embassy.
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 an H-2B visa?
The H-2B Visa is a temporary non-agricultural work permit available to applicants who are coming to the United States. They are for skilled and unskilled workers, unlike the H-1B visa which is for highly skilled workers in “specialty occupations.” The H-2B program requires the employer to attest to the Department of Labor that they will offer a wage that equals or exceeds the highest of the prevailing wage, applicable federal minimum wage, the state minimum wage, OR local minimum wage to the H-2B nonimmigrant worker.
What are the requirements for H-2B visa?
Qualifications for a H-2B Visa Petitioner 1 There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work 2 Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers 3 Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary. The employer’s need is considered temporary if it is:
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.
What documents are needed to accompany a spouse?
If your spouse and children will be accompanying you, documents showing the family relationship, such as birth and marriage certificates.
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-2 visa?
The H-2 category allows U.S. employers to bring noncitizens into the U.S. on temporary agricultural (H-2A) and non-agricultural (H-2B) visas. The H-3 category allows for noncitizens coming temporarily to the United States to either receive training or to participate in a special education exchange visitor training program.
What is the eligibility for H-2A?
Eligibility for H-2A: To qualify for H-2A nonimmigrant classification, the petitioner must: Offer a job that is temporary or seasonal; Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work; Show that prospective employees are nationals of an H-2A eligible country ...
H-2B Visas for Truck Drivers: How to Apply
America needs truck drivers. As the country emerges from the pandemic, trucking and transportation companies are struggling to hire enough drivers domestically, contributing to supply chain disruptions nationwide, and leading more employers in this sector to extend their recruitment efforts abroad.
H-2B Visa Program
An H-2B visa is a nonimmigrant visa that allows U.S. employers to fill full-time, temporary, non-agricultural positions with workers from certain foreign countries. Employers must be able to demonstrate that they cannot find U.S.
About the Author
Ally Bolour has been practicing immigration law since 1996. He is the Founding and Managing Partner at Bolour / Carl Immigration Group, a full service immigration law firm based in Los Angeles with satellite offices in Salinas, CA and Palm Springs, CA. He is an Elected Director at the American Immigration Lawyers Association (AILA).
Who Qualifies for an H-2B Visa?
This is revised and published in the Federal Register notice every year. Nonimmigrants who are considered temporary hires are permitted for H2B Visa.
How to get an H-2B visa in Guam?
As the employer, you’re also the petitioner. Before you request an H-2B visa, you need to obtain a temporary labor certification from the Department of Labor. For complete information on this matter and eligibility criteria, visit this page. If you’re going to employ people in Guam, then visit Guam DOL.
How long does it take to get a visa in the US?
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 to accept a loan offer?
Provide any additional information if required. Soon you’ll have your loan offer. Some lenders send a promissory note with your loan offer. Sign and return that note if you wish to accept the loan offer.
Where do I file an I-129?
After you’ve received the temporary labor certificate, you can head over to USCIS office for filing Form I-129, Petition for a Nonimmigrant Worker. You must submit the original certificate you received from the DOL. If you’re applying for Guam employment, then you’re required to submit a one-page final determination of H-2B. If you’ve already done that, then you’ll be asked to provide an explanation that contains the petition receipt number.
Can nonimmigrants get an H2B visa?
Nonimmigrants who are considered temporary hires are permitted for H2B Visa. The need can be a one-time occurrence, seasonal, or peak load need, but should be mandatorily temporary for a certain period of time. Next, they cannot be involved in agricultural or related services.
How many days before the start date of need to submit an H-2B application?
90-75 calendar days before the start date of need, the employer concurrently submits the job order to the SWA and submits the H-2B application package to the Chicago NPC
What is H-2B employment?
Non-agricultural employment within a specified area (s) of intended employment. The H-2B temporary non-agricultural program permits employers who meet the program requirements to hire nonimmigrant workers to temporarily come to the U.S. and perform non-agricultural services or labor based on the employer's temporary need. ...
What is the Immigration and Nationality Act?
The Immigration and Nationality Act and regulations issued jointly with the U.S. Department of Homeland Security (DHS) establish employer requirements and worker protections with respect to wages and working conditions.
Where to mail NPWC application?
The employer may mail the application package to the NPWC at the following address: U.S. Department of Labor. Employment and Training Administration. Office of Foreign Labor Certification.
Can an employer file an electronic application by mail?
Employers that lack adequate access to electronic filing may file the application by mail. The employer must indicate that it is filing by mail due to a lack of adequate access to electronic filing. The employer may mail the application package to the Chicago NPC at the following address:
What jobs can you do on a H-2B Visa?
H-2B Visa applicants are not permitted to undertake agricultural work. If you want to come to the U.S. for the purposes of farm work , you should apply for the H-2A Visa.
How much does the visa cost?
There are a number of fees associated with applying for this visa. The employer is required to pay for filing Form I-129 and the cost of this depends on the type of organization applying for the petition.
What is an H-2A visa?
An H-2A visa allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs for which U.S. workers are not available. An H-2A nonimmigrant classification applies to you if you seek to perform agricultural labor or services of a temporary or seasonal nature in the United States on a temporary basis. A U.S. employer (or an association of U.S. agricultural producers named as a joint employer) must file a Form I-129, Petition for Nonimmigrant Worker, on your behalf.
How long does it take to get an H visa?
The U.S. Embassy may process your H, L, O, P or Q visa application up to 90 days prior to the beginning of employment status as noted on your I-797. However, when making your travel plans, please note that due to Federal regulations, you can only use the visa to apply for entry to the United States starting ten days prior to the beginning of the approved status period noted on your I-797.
What is the form I-129?
The petition, Form I-129, must be approved before you can apply for a work visa at the U.S. Embassy. When your petition is approved, your employer or agent will receive a Notice of Action, Form I-797, which serves as your petition's approval notification.
What is a temporary visa?
This visa is required if you are coming to the United States to perform a job which is temporary or seasonal in nature and for which there is a shortage of U.S. workers. Your employer is required to obtain a Department of Labor certification confirming that there are no qualified U.S. workers eligible for the type of employment on which your petition is based.
What do consular officers look for in a case?
Consular officers look at each application individually and consider professional, social, cultural and other factors during adjudication. Consular officers may look at your specific intentions, family situation, and your long-range plans and prospects within your country of residence. Each case is examined individually and is accorded every consideration under the law.
What is a class O visa?
Class O visas are issued to people with extraordinary ability in the sciences, arts, education, business and athletics, or extraordinary achievement in motion picture and television production, and their essential support personnel.
Where do I bring my I-129?
You must bring your I-129 petition receipt number to your interview at the U.S. Embassy in order to verify your petition's approval. Please note that approval of a petition does not guarantee issuance of a visa if you are found to be ineligible for a visa under U.S. immigration law.
