- 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
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.
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
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 visa workers?
- Apply for and receive a Department of Labor Prevailing Wage Determination.
- Pursue certification of the requested visas through the Department of Labor.
- Tap the local U.S. ...
- Get Certified!
- Petition for the requested visas from United States Citizenship & Immigration.
- Approval from United States Citizenship & Immigration.
Who is eligible 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.
How much does H-2B 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.
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.
How do I hire a H-2B visa?
The process is a three-step procedure :Step 1: Temporary Labor Certificate. The employer submits the Temporary Labor Certificate Application to the Department of Labor (DOL). ... Step 2: Submission of Form I-129 to USCIS. ... Step 3: Application for Visa in H-2B status.
Do I need a lawyer for H-2B visa?
To get an H-2B Visa for work, you need an immigration lawyer to navigate the often complex family immigration procedures for visa holders.
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.
How long does a H-2B visa last?
Generally, an H2B worker can only stay for a maximum of three years, although the authorized time is stated on the temporary labor certificate. However, if the employer wants the worker to return for work the following year, the employer can request that USCIS renew the visa.
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.
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.
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 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 ...
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
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. ...
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.
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.
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.
