how to hire h2b visa workers

1. Check the countries participating in the H2B program. ...
2. Use foreign recruiters or recruit H2B employees on your own. ...
3. Submit Request for Prevailing Wage Determination with DOL. ...
4. Submit Application for Temporary Employment Certification and Job Order. ...
5. Submit Petition for H2B Nonimmigrant Worker with USCIS. ...
6. H2B employees outside of the United States must apply for a visa and/or admission. ...

Full Answer

What is the process for hiring H-2B workers?

1. We discuss your business and staffing needs to ensure the H2B Program will match your needs. ...
2. We arrange your presentation of all H2B paperwork and supporting documentation to file with the Department of Labor.
3. Job advertisements are created and placed in local newspapers to ensure there are no suitable workers available. ...

More items...

Can I hire workers under the H2B visa?

Yes. The H-2B visa program allows you to supplement your existing labor force with temporary foreign workers. Businesses experiencing peak load, seasonal or intermittent increases may make use of this program. Please clarify the difference between seasonal and peak-load. Why do companies hire expatriates? Why do companies hire expatriates?

Does Microsoft hire H1B workers?

Microsoft will lay off H-1B workers as part of its recently announced plan to let go of 5,000 employees over 18 months, but it will continue to hire foreign workers as well, even though Sen ...

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.

More items...

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.

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.

How much does it cost to sponsor 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.

Where do H-2B workers come from?

What countries do H-2B visa recipients come from? In 2015, more than 70 percent of H-2B visa holders were from Mexico. Of the remainder, Jamaica, Guatemala, the Philippines, and Great Britain were the countries who sent the most foreign nationals to work in the U.S. under H-2B visas.

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.

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.

How much does a H-2B petition cost?

$5,500.00 to $6,500.00The total costs and fees are estimated at $5,500.00 to $6,500.00 per labor certification and petition filing, including expenses for recruitment, courier services and copy expenses, regardless of the number of workers requested.

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?

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.

Do H-2B workers get a Social Security number?

In general, only noncitizens authorized by the Department of Homeland Security (DHS) to work in the United States can get a Social Security number. Although many other businesses, such as banks and credit companies, also ask for your number, you aren't required to provide it.

Does H-2B require housing?

H-2B employers are not required to provide housing and/or daily transportation to and from work sites. Employers may not charge for transportation they choose to provide. Many H-2B employers, especially in the landscaping industry, provide free daily transportation to and from work sites.

How long does the H-2B process take?

between 60 days to 120 daysH2B Visa Processing Time Visas are typically processed between 60 days to 120 days.

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 DOL appropriations rider?

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. See Sec. 113. This appropriations rider has been included in the continuing resolutions that have passed throughout FY2017 and FY2018, and the Department remains prohibited from enforcing these provisions, or any reference thereto. However, the 2016 DOL Appropriations Act and continuing resolutions did not vacate these regulatory provisions, and they remain in effect, thus imposing a legal duty on H-2B employers, even though the Department will not use any funds to enforce them until such time as the rider may be lifted.

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.

What is the 78G?

Fact Sheet #78G ( PDF, TEXT) — Disclosure of the Job Order and Notice of Worker Rights under the H-2B Program

When did the federal government adjust penalties for inflation?

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 do you have to notify USCIS of H-2A?

Petitioners must notify USCIS of an H-2A worker’s payment or agreement to pay prohibited fees to a recruiter, facilitator, or similar employment service within 2 workdays of gaining knowledge of such payment or agreement.

What is peak load need?

Peak load need – A petitioner claiming a peak load need must show that it: Regularly employs permanent workers to perform the services or labor at the place of employment; Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and.

What does "workday" mean in USCIS?

Note: USCIS defers to DOL’s definition of “workday.” According to the Fair Labor Standards Act (FLSA), this generally means the period of time on any particular day when an employee begins and ends his or her “principal activities.”

How long is a country list valid for?

embassy or consulate. Country listings are valid for one year. DHS may add a country to the Eligible Country List at any time if the secretary of Homeland Security determines that the country is eligible.

What is temporary employment?

An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.

Is there an exemption for H-2B in Guam?

The National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA) created an exemption for certain H-2B peti tioners on Guam and in the Commonwealth of the Northern Mariana Islands (CNMI) from the requirement to show that the need for a worker is temporary. This exemption has been extended and amended by subsequent NDAAs. Volume 2, Part I, Chapter 11 of the USCIS Policy Manual provides additional information and guidance on qualifying for the exemption.

Can a H-2B spouse be a H-4?

Any H-2B worker's spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.

How to obtain prevailing wage determination?

Submit Request for Prevailing Wage Determination with DOL. After you have located a U.S. or foreign recruiter to assist you with finding H2B employees or you have found H2B employees on your own, then you can submit a Request for Prevailing Wage Determination (Form ETA-9141) with the DOL for the position for which you seek H2B employees in the area the employment. Obtaining a prevailing wage from the DOL for the prospective occupation is required in order to comply with the requirement that hiring foreign H2B workers will not adversely affect the wages and working conditions of U.S. workers comparably employed. As a US employer, you will need to pay the H2B employee at least the prevailing wage rate determined by the DOL throughout his or her employment. Generally, it can take approximately 1 month to obtain a prevailing wage determination but waiting times may vary.

How to recruit H2B employees?

Use foreign recruiters or recruit H2B employees on your own. You can use U.S. and foreign recruiters to assist with recruiting H2B employees for jobs in your company, but you can also find H2B workers on your own including through word of mouth. Each fiscal year the U.S. Department of Labor (DOL) publishes a list of foreign recruiters that U.S. companies have used in the past to recruit H2B employees, but the DOL does not endorse any of the foreign agents or recruiters on the list. The list is for information purposes only and is used to assist the DOL with enforcing recruitment violations. To consult the Foreign Labor Recruiter List, you can access the official website here. While the published foreign recruiter list can be a great start in your company’s H2B recruitment efforts, you can also use any other U.S. or foreign companies to assist you recruit H2B employees for open positions and you can also search for H2B workers on your own.

How many countries are H2B?

There are currently about 80 countries participating in the H2B but check the latest list here because oftentimes countries are added or taken off the list. For example, Belize or Haiti used to participate in the H2B program but were excluded from the program in 2018. In practical terms, you should get H2B employees who are citizens of countries eligible to participate in the H2B program.

Can an H2B employee work in agriculture?

It is important to keep in mind that the H2B employee can only work non-agricultural jobs and if your company has a need for workers in agricultural positions, then you can consider sponsoring an H2A employee. However, if you are a US employer with a need to hire H2B employees for your company, here is how to get an H2B employee.

Can an employer bring H2B employees?

One important aspect is that the employer can bring many H2B employees on a single filing for the same position and dates of employment. Moreover, bringing H2B employees to the US can be competitive and requires forward planning because there is a 33,000 cap for the first half of fiscal year (October 1 to March 31) and 33,000 for the second half of fiscal year (April 1 to September 30). However, oftentimes the U.S. government increases the cap by adding additional visas for H2B employees during a fiscal year. The H2B employees can only work non-agricultural jobs and must be citizens of one of the countries participating in the H2B Program as determined by the Secretary of Homeland Security. If the H2B employee is not a national of one of the countries included in the H2B program, then the company can seek a determination from the Secretary of Homeland Security that it is in the interest of the United States for the H2B employee to be the beneficiary of the H2B petition. The U.S. Citizenship and Immigration Services may approve H2B petitions for nationals of countries not on the list on a case-by-case basis. To learn more about the H2B visa program, you read our designated article on What is the H2B Visa Program for USA?

Can an H2B worker work in the US?

A US company or agent can bring H2B employees to the United States on a temporary basis in order to work in unskilled, skilled or professional positions that are non-agricultural.

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 laborquest?

LaborQuest provides a reliable set of guest workers for any business seeking a temporary workforce to fill their requirements. LaborQuest guides employees into finding qualifying positions for any non-agricultural job postings.

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 the Federation of Employees and Workers of America?

Federation of Employees and Workers of America helps businesses deal with any labor shortages by legal means. It helps companies gain access to laborers from all over the world. FEWA has enabled workers from countries like Mexico, Guatemala, Belize, El Salvador, Costa Rica, Brazil, Hungary, Norway, the UK, and more get H-2B visas and fill in temporary job needs in the.

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.