- You must come from one of the countries that the Secretary of State has designed as eligible to participate in the H2B Visa Program
- You must meet the minimum qualifications needed for the job that you wish to perform
- Your sponsor must file a Form I-129 to the U.S. Immigration Bureau
- You must have non-immigrant intent, meaning you are willing to go back home when your visa expires
- You must hold all the qualifications required to fill your desired position
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 get H2B visa in USA?
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 H2B 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 can I apply for H2B visa?
The employers ought to provide the requisite amount of time for the proper processing of the H2B visa applications. The timeline for the visa application for a temporary worker goes from up to 6 months before the start date of the employment to not less than 45 days before the employment date.
How long does a H2B visa take to approve?
Currently, 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.
Who qualifies for 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.
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 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.
Where do I file H-2B?
File a job order with the State Workforce Agency (SWA) AND submit the H-2B application (Form ETA-9142B and Appendices) with supporting documents and a copy of the job order filed with the SWA to the Chicago National Processing Center (Chicago NPC).
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 available?
WASHINGTON—The Department of Homeland Security (DHS) and the Department of Labor (DOL) announced today the availability of an additional 35,000 H-2B temporary nonagricultural worker visas during the second half of fiscal year (FY) 2022.
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 much does it cost for a company to sponsor visa?
Petitioning for foreign workers in the H-1B and permanent employment-based visa sponsorship processes can be an expensive. Sponsoring a nonimmigrant employee for the H-1B can cost anywhere between $1,250 to $4,500 in filing fees alone, not including fees paid to attorneys to facilitate the process.
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.
What taxes do H-2B workers pay?
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. H-2B workers pay the same taxes as American employees but cannot collect the benefits.
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 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.
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.
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.
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 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.
What is H1B1 visa?
I want more information on H1B1 visa category. H1B1 visa category is a Treaty-based Temporary Work Visa
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.
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.
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.
How many days prior to I-797 can I travel?
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.
Do I need to bring an I-797 to an interview?
The receipt number printed on your approved I-129 petition. Paper copies of the I-797 are not required at the interview
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)
