- 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. ...
- Submit 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.
How to import foreign workers under the H2B visa?
The employer must satisfy the following conditions to import foreign workers under the H2B visa: The job and the employer’s need must be one time, seasonal, peak load or intermittent 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
What are the requirements for an H2B visa?
The job and the employer’s need must be one time, seasonal, peak load or intermittent 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
What can you do with 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.
How can an attorney help with H-2B visa application?
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.
How long do you have to notify USCIS of H-2A?
Can a H-2B family member work in the US?
Can a H-2B spouse be a H-4?
Is there an exemption for H-2B in Guam?
See 1 more
About this 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 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 can I get US work visa from Philippines?
How to ApplyPay the visa application fee.Complete the Nonimmigrant Visa Electronic Application (DS-160) form.Schedule your appointment on this web page. You will need three pieces of information in order to schedule your appointment: ... Visit the U.S. Embassy/Consulate on the date and time of your visa interview.
How long does it take to get a H-2B visa?
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.
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.
How hard is it for a Filipino to get a US visa?
For a country to qualify, the rate of visa application refusal must be less than two percent. The Philippines' is around 30 percent. As for immigrant visas, Schimmel says they get 50,000-70,000 applications each year.
How do you get a US employer to sponsor you?
For nonimmigrant employment visa sponsorships, the employer submits Form I-129, Petition for Nonimmigrant Worker. For immigrant visas, the employer submits Form I-140, Immigrant Petition for Alien Worker. These petitions and their instructions are in the USCIS website.
How does a Filipino get a work visa?
Application Process The application for a 9(g) work visa must be sponsored by the employer and can be filed through the Bureau of Immigration. It can take two to three months to complete the process of obtaining a 9(g) work visa, including two to three weeks for the AEP alone.
When should I apply for H-2B visa?
#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 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.
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.
Can a Filipino work in America?
The United States has always been a popular destination for Filipino workers because of the many job opportunities available there. Every year, there are thousands of Filipinos who immigrate to the US for work and for various reasons. Some go there to study, while others move in pursuit of a higher standard of living.
How much does it cost to get a work visa for USA?
The application fee for the most common nonimmigrant visa types is US$160. This includes tourist, business, student, and exchange visas. Most petition-based visas, such as work and religious visas, are US$190. K visas cost US$265 and the fee amount for E visas is US$205.
Can you get a US work visa without a job offer?
A short answer is No. Unfortunately, you can't apply for a work visa without a job offer. Your prospective employer must be willing to sponsor you for the visa and petition on your behalf.
How long does it take to get a US work visa?
about two to seven monthsHow Long Does It Take to Get a Work Visa? In general, it takes about two to seven months for the USCIS to process a work permit application. The time your work visa processes will highly depend on the type of visa you applied for. However, with extensive backlogs, there are longer wait times for obtaining work visas.
H-2B Work Visa Requirements, Fees, and Application Process
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.
H2B Visa Requirements And Eligibility
H2B Visa Eligibility – It Is Suitable For: Foreign athletes, trainers or artists with a job offer from a U.S. employer; Skilled workers in crafts and trades who are able to perform tasks for which no U.S. workers are available
H-2B Application for Temporary Employment Certification, Form ETA ... - DOL
U.S. 1. Is the employer seeking to employ any H-2B workers under this application who will be exempt from the statutory numerical limit, or “cap,” Yes on the total number of foreign nationals who may
Fact Sheet #69: Requirements to Participate in the H-2B Program
(October 2009) The H-2B provisions of the Immigration and Nationality Act (INA) provide for the admission of nonimmigrants to the U.S. to perform temporary non-agricultural labor or services.
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.
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).
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/Consulate 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 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.
Where to bring I-129?
You must bring your I-129 petition receipt number to your interview at the 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.
Can a spouse work while on an H visa?
If you are the principal holder of a valid H visa, your spouse or unmarried children (under age 21) may receive an H-4 visa to accompany you to the United States. However, your spouse/children are not permitted to work while in the United States. L-1 (intra-company transferees)
Why do employers have to interview applicants for H-2B?
This often requires interviewing every applicant to ensure that all qualified local workers are given priority before an H-2B Visa is issued.
Where to fill out 9142B?
After the Prevailing Wage Determination is Issued, an employer can move forward with its application at the Department of Labor level. This is done through a site called iCert. Through the iCert portal, an employer must fill out a 9142B Form.
Is H2B certification important?
So that means that H2B certification is an important step to take for employers in certain industries who may otherwise be affected by tighter immigration controls but wish to stay competitive.
Is H2B program unharmed?
For complex reasons, and perhaps for all too human ones, the H2B program has largely remained unharmed under the current administration (you may have heard that President Trump utilizes the H-2B program at most of his resorts).
Should You do H2B Certification Yourself?
As an attorney that has been through several H-2B application cycles, I can’t imagine running a business and attempting to apply for an H-2B visa. Can you?
How long is a passport valid in the Philippines?
Passport/Travel Document Valid for at least six (6) months beyond the intended period of stay in the Philippines;
What is a 13 visa?
A. 13 (a) Visa – for wife or husband or unmarried minor children of Philippine Citizen.
Can Chinese citizens travel to the Philippines?
Chinese nationals who are holders of American, Japanese, Australian, Canadian or Schengen (AJACS) visas may enter the Philippines without visas for a stay not exceeding seven (7) days.
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.
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.
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.
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.