How long can you stay on a H-2B visa?
In general, the H-2B classification allows for a three-year maximum stay. So, after three years of holding an H-2B visa, the H-2B employees must leave the United States for three months before applying for readmission as temporary non-agricultural workers.
How many H-2B visas can I get in 2022?
On Jan. 28, 2022, the Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly published a temporary final rule increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 20,000 additional visas during FY 2022 for positions with start dates on or before March 31, 2022.
Can I extend my H-2B status?
H-2B classification may be extended for qualifying employment in increments of up to 1 year each. A new, valid temporary labor certification covering the requested time must accompany each extension request. The maximum period of stay in H-2B classification is 3 years.
What is H-2B visa?
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 employment which is seasonal, intermittent, a peak load need, or a one-time occurrence.
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.
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 many H-2B visas are issued 2021?
The supplemental H-2B visa allocation consists of 23,500 visas available to returning workers who received an H-2B visa or were otherwise granted H-2B status during one of the last three fiscal years.
When should we start H-2B process?
The Visa is granted in two batches (33,000 per batch), one during January and another during June. Most businesses looking forward to H-2B Visa apply on the first day of every year, i.e., New Year's Day. The application thus granted begins from April 1st for six months.
Can I apply for H-2B visa now?
We continue to accept petitions for H-2B nonimmigrant workers for the additional 11,500 visas allotted for nationals El Salvador, Guatemala, Honduras, and Haiti, regardless of whether they are returning workers.
Can I apply for a H-2B visa while in the US?
When USCIS approves the I-129 petition, applicants who are already in the U.S. and simultaneously received a change of status are good to start working. If you're outside the U.S., your next step is to apply for a visa through a U.S. consulate in your home country.
How much does an 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. Certain other fees might apply, depending on your nationality.
Can H-2B workers have 2 jobs?
You cannot have a second job. You can only work for the employer who filed for H-2B. Working a second job would be a violation of your H-2B non-immigrant visa...
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.
Who pays H-2B visa?
The employerThe employer must either pay or reimburse the H-2B worker in the first workweek for any visa, visa processing, and other related fees incurred by the worker. But an employer need not pay passport or other charges primarily for the benefit of the worker.
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 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.
Is a petitioner's employment seasonal?
The petitioner shall specify the period (s) of time during each year in which it does not need the services or labor. The employment is not seasonal if the period during which the services or labor is not needed is unpredictable or subject to change or is considered a vacation period for the petitioner’s permanent employees. 4.
What is the certification rate for H-2B jobs?
Among the top three industry-occupation combinations, the certification rate was even higher: 96-98 percent. It is important to note that there are other reasons why a job could not be certified other than the job being filled by a U.S. worker. Table 2 shows H-2B jobs in 2019 as a share of all jobs in May 2019.
How long does it take to get an H-2B job?
After 15 days of posting the job offer at the job site—a requirement that DOL changed to 30 days during the pandemic—employers will submit proof in a recruitment report that they fulfilled all the requirements. Despite the increased recruitment requirements, President Trump’s H-2B ban, general COVID-19 travel restrictions, and massive increase in unemployment, very few U.S. workers applied for H-2B jobs.
Is there a slight increase in H-2B certification rate?
workers applied for H-2B jobs and that there was a slight increase in the certification rate in the second half of FY 2020 compared the second half of FY 2019 , despite unemployment more than doubling.
Did DHS allow H-2B workers?
DHS refused to allow any additional workers to enter above the cap after the unemployment rate spiked in March. In June, President Trump went even further by banning many H-2B workers until the end of this year, which caused visas under the cap to be wasted.
