how to apply for h2b visa

Now, let’s look at how to file the H2B visa.

• Step 1: Begin and complete a labor certification application. As a petitioner who is also an employer, you request an H2B visa. But first, you need to ...
• Step 2: Submit the form I-129 to the USCIS service center. Once you obtain the approved temporary labor certification, you ought to go to the USCIS ...
• Step 3: Alien workers apply for a visa at the US embassy. Last but not the least, the worker (s) who are going to be employed will be required to ...

Full Answer

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

Are H2B workers tax exempt?

They receive a payroll check with itemized deductions for Social Security, Medicare, state income tax, and Federal income tax. H-2B employers must pay their share of Social Security and Medicare, along with Federal Unemployment taxes, state unemployment taxes, and Workers' compensation insurance on all H-2B workers.

What is H2B status?

The H2B Visa is a non-immigrant, temporary program. This means you must go back to your home country when you finish your job or when your visa expires. In other words, you cannot directly change your status from H2B Visa to a Green Card. Can you travel with H2B visa?

How do I apply for a visa application?

• Print and keep the DS-160 barcode page. (You will not need to print the full application.)
• You must schedule a visa interview appointment. (The U.S. Embassy or Consulate does not schedule an appointment for you.) Visit the U.S. ...
• Pay the visa application processing fee. Review country-specific instructions on the U.S. Embassy or Consulate website.

How can I apply for H-2B visa?

Now, let's look at how to file the H2B visaStep 1: Begin and complete a labor certification application. As a petitioner who is also an employer, you request an H2B visa. ... Step 2: Submit the form I-129 to the USCIS service center. ... Step 3: Alien workers apply for a visa at the US embassy.

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.

Who qualifies for an H-2B visa?

To qualify for H-2B nonimmigrant classification, the petitioner must establish that: There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work. Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

How does the H-2B program work?

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.

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.

How long does H-2B visa take to process?

6 monthsCurrently, 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.

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.

Are H-2B visas still available?

Employers in the U.S. may now apply for the recently released 35,000 H-2B visas made available for seasonal foreign guest workers this summer.

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.

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 work two jobs on a H-2B visa?

“H-1A visa transfers” is a misnomer because the worker visa is not transferable between two companies. However, employees with a visa can change jobs during their stay.

What is the H2B visa?

This visa is a kind of work permit for temporary workers in fields other than agriculture. The US government allows employers to hire foreign workers if they can demonstrate their temporary need for employment and if they cannot find the worker they want in the US. Foreign workers can apply for this visa if they can find a sponsor and job opportunity for a certain period in the US. The differences between the H2A and H2B permissions are:

How many H2B visas are issued annually?

Annually, 66,000 visas are issued to eligible people who apply for the H2B permission, but there is no restriction on issuing the H2A visa. In other words, there is the H2B visa cap. From October 1st to March 31st, 33,000 H2B permits will be given, and from April 1st to September 30th, another 33,000 visas will be issued. If in the first part of the year, not all 33,000 visas are granted, the rest will be given on the second part. However, if the yearly cap is not completed, the difference is not considered for the next year.

What are the visa requirements?

The industries that are eligible to hire foreign workers using this visa or H2B visa jobs are:

How to apply for this visa?

To receive this visa, the employer must first apply . Companies in the public or private sector, sole proprietorships, or corporations are allowed to employ foreign workers. To be able to hire a foreign worker, H2B visa sponsors or employers must comply with the following:

How long can the visa holder stay in the US and how to do the H2B visa extension?

H2B holders can stay in the US up to the period authorized on the temporary labor certification. These people can also increase their visa validity for another year. The maximum period they can stay in the US under this visa is three years. In other words, this visa can be extended twice. After this period, the visa holder must stay outside the US for at least three consecutive months and then re-apply.

What are the reasons for rejecting the H2B visa application?

If the employer fails to prove that he/she has tried to hire a worker in the US , his/her application will be rejected.

What is the pre-visa process?

The worker must present evidence that he/she does not intend to remain permanently in the US (such as future job contract) Participating in an interview is part of the pre-visa process. At the embassy, ​​the consular officer conducts the interview and evaluates the applicant for this visa.

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 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.

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.

The H-2B application process

The H2B visa procedure includes asking the U.S. Department of Labor to Certify that there are no United States workers who are able, willing, and qualified to perform the work that the employer wishes to fill.

H-2B Employer Supporting Documentation

An employer must submit supporting documentation when filing its Application for Temporary Labor Certification. These documents include:

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I have spoken with many of you regarding different strategies for ‘beating the H2B cap’ next season. This email is to summarize two of these options. This strategy works to ‘beat the cap’ because the H2B workers are brought in during the Winter, when not as many businesses apply for H2B visas. As long as…

How to apply for H2 visa?

How to Apply. Step 1. Pay the visa application fee for each H2 visa applicant. Step 2. Complete the Nonimmigrant Visa Electronic Application (DS-160) form and print the confirmation page for each applicant. Step 3. Use the online appointment system clicking on New Application/Schedule Appointment to initiate processing for the group of applicants.

What is an H-2A visa?

H-2A visas can be issued to seasonal agricultural workers to fill temporary agricultural jobs for which U.S. workers are not available. H-2B visas are issued to unskilled workers to perform a job which is temporary or seasonal in nature and for which there is a shortage of U.S. workers.

How long does it take to get a visa renewal?

The approximate processing time for visa renewal applications through drop box is eight weeks.