how to get a h2b work visa

• Applying For H2B Visa. You cannot apply for an H2B visa as an individual. A U.S. employer must sponsor you for an H2B visa.
• A. Obtaining A Prevailing Wage Determination. The U.S. employer must submit Form ETA-9141 through the iCERT portal to obtain a prevailing wage for use with a temporary labor certification application.
• B. Applying For Temporary Labor Certification. Place a 10 day job order with State Workforce Agency (SWA) in the area of intended employment, The job order can start no more ...
• C. Filing The H2B Petition. An H2B temporary worker visa petition is filed on U.S. ...
• D. Applying For The H2B Visa At A U.S. Consulate. To apply for the H2B visa, you must furnish the original or copy of the Notice of Action, Form I-797A ...
Duration of Stay. An H2B visa is usually issued for a period of one year, and can be extended by two one-year extensions for a maximum of three years in ...
Spouse and Children. Spouses and/or children under the age of 21 who wish to accompany or join you in the U.S. ...
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Do H2B workers pay taxes?

No, H-2B employers must offer and pay the prevailing wage to both American workers and H-2B workers. They receive a payroll check with itemized deductions for Social Security, Medicare, state income tax, and Federal income tax. H-2B workers pay the same taxes as American employees but cannot collect the benefits.

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.

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 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 can I get H-2B visa?

H-2B Visa Application ProcessStep 1: Submit a labor certification application. As the employer, you're also the petitioner. ... Step 2: Submit Form I-129 to USCIS. ... 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.

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 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.

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.

How many H2B 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?

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.

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 H2B visa?

The H2B nonimmigrant visa program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work , which may be one-time, seasonal, peak load or intermittent.

Can you bring dependents to stay with you?

You can bring your dependents to stay with you in the U.S.

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:

H2B Visa: Temporary Non-Agricultural Workers

The H2B program is for US employers and agencies that allow them to hire foreign nationals in the United States for a temporary non-agricultural jobs. The H2B Visa requires that US employers or agents requires meet specific regulatory needs and file the Form I-129 for non-immigration workers on the worker’s behalf.

Qualification criteria for H2B Visa

In order to qualify the H2B classification of a non-immigrant, the petitioner should be able to prove that:

H2B Visa Summary

The entry to the US for foreign nationals is possible only if the demand persists, Moreover, you need qualify the necessary skills required for the job. Connecting with the agents in order to identify job requirements can easily let a person apply for temporary employment in the US.

What Is the H-2B Visa?

The H-2B visa is a special type of work visa that allows employers to hire non-agricultural workers to fill in temporary job requirements. This visa can only be utilized when U.S. workers are not available for the job.

How to deal with visa applications?

In these cases, seeking a helping hand via a recruitment agency could be a great idea. These visa recruitment agencies are well versed in understanding the labor needs and have the expertise to deal with the visa-related paperwork efficiently. They also give employers access to a reliable and legal global labor market to help them get their jobs done with ease.

What is Work Abroad Network?

Work Abroad Network has simplified the process for H-2B applications and the recruitment process by taking care of all the paperwork and legal issues involved.

How long does it take to get a USCIS certification?

Once the DOL approves the request, the employers can petition the USCIS. The whole certification process might take about four to six months. It should be noted that the employer must start this process at least six months before the date workers are needed.

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 ...

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.