Who qualifies for a 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 much does it cost to file for 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 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.
Are H-2B visas still available?
These visas are for U.S. employers seeking to employ additional workers on or after April 1, 2022, through Sept. 30, 2022. “These additional H-2B visas will help employers meet the demand for seasonal workers at this most critical time, when there is a serious labor shortage,” said Secretary Alejandro N.
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.
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.
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.
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.
Can a H-2B worker apply for green card?
The H-2B visa is a nonimmigrant visa that is valid for a set period of time. It does not lead to permanent residence in the United States, but H-2B visa holders can apply for status adjustment from H2B visa to permanent resident. An H-2B visa holder may apply for a Green Card while on the H-2B visa.
Can I get married on a H-2B visa?
Can I Marry A US Citizen on A Tourist Visa? The short answer is: yes, you can get married in the US while on a B-1/B-2 tourist visa or on a visa waiver program. There is nothing in the regulations that say individuals who are in the US as visitors cannot get married.
Do H-2B workers pay taxes?
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.
1. What is H2B visa?
The H-2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. temporarily and engage in nonagricultural employ...
2. What is a 'one-time occurrence'?
The petitioner must establish that the petitioner has not employed workers to perform the services or labor in the past and the petitioner will not...
3. What is a 'seasonal need'?
The petitioner must establish that the services or labor is traditionally tied to a season of the year by an event or pattern and is of a recurring...
4. What is a 'peak-load need'?
The petitioner must establish that it regularly employs permanent workers to perform services or labor at the place of employment and that it needs...
5. What is an 'intermittent need'?
The petitioner must establish that it has not employed permanent or full-time workers to perform the services or labor, but occasionally or intermi...
6. What is the responsibility of the employer in establishing 'temporary need' for H-2B workers?
The employer has the burden of establishing that the need for H-2B workers is temporary and is either a one time, seasonal, peak, or intermittent n...
7. Is an H-2B visa issued only for temporary jobs?
The nature of the job itself is irrelevant. What is relevant is whether the employer’s need is truly temporary. In some situations, the employer’s...
8. What privileges do I enjoy on H2B visas?
On H-2B visas you may: Enter the U.S. for a temporary work and enjoy all employee benefits Get your dependents to stay with you in the U.S. Travel...
9. What are the limitations of H-2B visa?
The limitations of H-2B visa are : The job must be temporary in nature and the need is for one year or less. The employer’s need may not be ongoing...
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.
What is an H-2B visa?
The H-2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. temporarily and engage in non agricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence.
What is the burden of establishing that the need for H-2B workers is temporary?
The employer has the burden of establishing that the need for H-2B workers is temporary and is either a one time, seasonal, peak, or intermittent need in his/her application. Documentation might include contracts, lists of projects and timeframes, as well as narrative explanations.
What happens if my application is accepted?
If your application is accepted for consideration, the Certifying Officer will notify the employer in writing.
When do you file an alien labor certification?
A complete DOL Form ETA-9142, Application for Alien Labor Certification, must be filed at least 60 days before the first date on which H2B workers are needed. however, recruitment for the labor certification can not be started more than 120 days before the workers are needed. If it is accepted or amended within the required time frame and complies with the regulations, the certifying officer will make a certification determination 30 days before the date on which the workers are needed.
What is H-2B employment?
Non-agricultural employment within a specified area (s) of intended employment. The H-2B temporary non-agricultural program permits employers who meet the program requirements to hire nonimmigrant workers to temporarily come to the U.S. and perform non-agricultural services or labor based on the employer's temporary need. ...
How many days before the start date of need to submit an H-2B application?
90-75 calendar days before the start date of need, the employer concurrently submits the job order to the SWA and submits the H-2B application package to the Chicago NPC
Can an employer file an electronic application by mail?
Employers that lack adequate access to electronic filing may file the application by mail. The employer must indicate that it is filing by mail due to a lack of adequate access to electronic filing. The employer may mail the application package to the Chicago NPC at the following address:
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.
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.
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.
