- Begin and complete a labor certification application As a petitioner who is also an employer, you request an H2B visa. ...
- 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 office to file the ...
- Alien workers apply for a visa at the US embassy
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 do I get an H-2B employee?
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 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 do I petition for an H-2B visa?
Filing an H-2B visa – step one An employer wishing to hire foreign workers must first submit a Petition for Non-immigrant Worker, using Form I-129, to the United States Bureau of Citizenship and Immigration Services. The employer will receive Form I-797, a notice of approval, once the application has been approved.
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.
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.
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 can I bring a worker to USA?
The process of bringing a domestic worker on a temporary basis involves an employment contract, a visa, and a work permit. Some U.S. citizens and some nonimmigrants (that is, some people with temporary visas) can bring domestic workers to the United States on a limited-time basis.
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.
How long can I stay in the US after my H-2B visa expires?
ten daysAlso, 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.
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 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.
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.
Do you have to have a valid job offer to do seasonal work?
You must have a valid job offer from a U.S. employer to do seasonal or temporary work.
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 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:
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-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 ...
Is the proposed training available in the non-citizen's native country?
The proposed training is not available in the noncitizen’s native country;
Can a non-citizen work in a productive manner?
The noncitizen will not engage in productive employment unless such employment is incidental and necessary to the training; and
H-2B Seasonal Workers
DEPENDING ON THE JOB NEED, an H2B employee can be a one-time, seasonal, peak load, or intermittent employee.
Approval of Recruitment Agencies
Before engaging a recruiter as a foreign worker/employer, it is crucial to conduct due diligence on the agency by checking if the recruiter is listed on the Foreign Labor Recruiter List, as published by the Office of Foreign Labor Certification (OFLC). Still, the U.S.
Agreement with Foreign Recruiters
One of the recruiting requirements under the H-2B program is that employers and their attorney/agent must provide a copy of agreements with the recruitment agents it engages or intends to recruit H-2B workers under this application.
H-2B Eligible Countries list
The Eligibility Countries list must be strictly considered for smooth processing of whatever country employers are willing to bring in temporary employers from.
FAQs
The USCIS processing fee for an H-2B petition is $460 as of January 2021. The visa fee is $190 if you need to apply for a U.S. visa at a U.S. embassy or consulate abroad. Other fees may apply depending on your nationality.
What is the H-2B program?
To Participate in the H-2B program, an employer must be a bona fide U.S. employer with possession of a valid Federal Employer Identification Number (FEIN), physically located in the United States and needs to have the means to be contacted for employment. The employer's job opportunities must be:
Where to obtain prevailing wage determination?
Employer must request and obtain a prevailing wage determination (PWD) from the OFLC Nation Prevailing Wage Center (NPWC) before filing an H-2B application.
How many hours per week do you have to work to be considered a temporary employee?
The employer's job opportunities must be: Temporary (9 months or less, except one-time occurrences), Full-time (35 or more hours per week), and. Non-agricultural employment within a specified area (s) of intended employment. With the exception of a one-time occurrence need which can last up to 3 years, temporary need will not be approved ...
Can employers file electronically?
Employers can choose to file either electronically or by mail. Below is a list of what to include:
What is the H-2B visa?
The H2B program allows employers in the US, who meet regulatory requirements, to bring nonresidents to the US to fill temporary (non-agricultural) jobs – for example, hotel staff, janitors, amusement park workers, landscapers, etc.
What happens if an H2B worker files as a resident when they should have filed as a nonresident?
This is definitely one of the most common tax errors that nonresidents make when filing.
What happens if a H2B worker files a Form 1040 instead of a 1040NR?
This can lead to complications when applying for a future US visa or for a Green Card.
Do H2B visa workers pay taxes?
Yes. The income you earn as an H-2B seasonal worker is subject to U.S. federal income tax.
