Indians eligible to get H2B visa? My friend recently gone to the USA with B1 visa. Basically he is agriculture worker in India. He is interested do work in the USA, but present India not eligible to participate in the H-2A program (2012 lists).
Which countries are eligible for H-2B visa?
Effective Jan. 19, nationals of the following countries are eligible to participate in the H-2A and H-2B programs: *The Dominican Republic, Moldova, and Paraguay are eligible to participate in the H-2A program but they are not eligible to participate in the H-2B program.
How to import foreign workers under the H2B visa?
The employer must satisfy the following conditions to import foreign workers under the H2B visa: The job and the employer’s need must be one time, seasonal, peak load or intermittent You are eligible for the H2B Visa provided: You have a valid job offer from a US employer to perform temporary or seasonal non-agricultural work
What is the H2B visa program?
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.
Is the Philippines eligible to participate in the H2B program?
Add the Philippines to the list of countries eligible to participate in the H-2B program; No longer designate the Independent State of Samoa and Tonga as eligible countries because they no longer meet the regulatory standards for the H-2A and H-2B visa programs; and
Which country is eligible for H-2B visa?
There are other countries eligible as well, such as the Philippines, Great Britain, Jamaica, and Guatemala, which sent most of the foreign nationals to the United States under the category of h 2b visa.
Are H-2B visas available?
Many business owners and employers in the U.S. will be happy to know that the Department of Homeland Security and the Department of Labor has made 35,000 additional H-2B seasonal foreign worker visas available for the second half of 2022.
Who is exempt from H-2B cap?
Workers who are exempt from the H-2B cap include those foreign nationals who are already in the United States in the H-2B status who extend their stay, change employers or change the terms and conditions of their employment.
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.
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.
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.
How long does H-2B visa take?
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 sponsor my 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.
Can I apply for green card with H-2B visa?
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 change employer on H-2B visa?
A common question by most H-2B visa holders is whether they can change employers. This is critical because the validity of the H 2B visa relies on their continued employment with their first employer. As part of the working conditions, nonimmigrant visa holders cannot change employers.
1 attorney answer
H-2B visas are hard to get. Talk to the lawyer for the employer that your friend is thinking of working for.
F. J. Capriotti III
H-2B visas are hard to get. Talk to the lawyer for the employer that your friend is thinking of working for.
3 attorney answers
Such a petition must first be approved by USCIS upon a showing of special U.S. interest before it can go to the Consulate.
Lalita Haran
If your country of origin is not on the list of countries that have been designated as eligible for participation in obtaining the H-2B visa, you will have a higher burden to qualify for that H-2B visa. You and your employer will need to prove that it is in the best interest of the United States for you to enter with the H-2B visa. More
Adan G. Vega
If your country of citizenship is not designated, it is unlikely you could obtain an H-2B nonimmigrant visa. A national from a country not Designated can only be the beneficiary of an approved H-2B petition if the Secretary of Homeland Security determines that it is in the United States interest for him/her to be the beneficiary of such a petition.
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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.
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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 does an H-2B visa last?
Citizens from 85 approved countries are eligible for H-2A visas and citizens from 86 countries can apply for H-2B visas, both beginning Nov. 10.The eligibility designation expires after one year and must be renewed. The notice does not affect workers currently in H-2A or H-2B status unless they apply to change or extend their status.
What factors are considered when deciding which countries to include for eligibility?
The DHS considers several factors when deciding which countries to include for eligibility, including the country's cooperation in receiving citizens who are subject to a final order of removal from the U.S. and the number of orders of removal executed against nationals of that country.
How to get an H2B visa?
To get an H2B visa, the individual must show that he/she has a specific job offer from a US employer to perform temporary, non-agricultural work inside the US and that he/she plans to return to his/her home country once the visa expires.
What is an H2B employer?
The H2B employer must be a US employer with a lawful presence in the US, having an IRS tax ID number, and a legitimate job opportunity in the US. The employer is considered the “Petitioner” in the H2B application process, which means that it is the employer who sponsors the employee for H2B status. The employer is required to pay all appropriate ...
What happens if an H2B employee fails to report for work?
Employers are prohibited from passing the cost of recruiter fees charged by a petitioner, agent, facilitator, recruiter, or similar employment service, to prospective H2B workers as a condition of an offer of H2B employment. Per the rule, employers must pay for transportation and visa expenses of H2B employees and shifting these costs to the employees would effectively bring them below the minimum wage in their first week of employment.
