H2B Visa
- What is H2B visa? The H-2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. ...
- 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 ...
- What is a 'seasonal need'? ...
- What is a 'peak-load need'? ...
Full Answer
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?
Can I be allowed to extend my H2B visa?
Yes, you may apply for Extension of Stay on H-2B visa. The employer may apply for re-certification for an additional two years with one year extensions, but on each new application, the employer must justify the reason for the H2B extension request. You may also extend your stay in the U.S. by obtaining an H-2B job with a new employer.
How much time can pass between H2B visa extensions?
Yes, you may apply for Extension of Stay on H-2B visa. The employer may apply for re-certification for an additional two years with one year extensions, but on each new application, the employer must justify the reason for the H2B extension request.
What documents are needed for H1B visa?
Required H1B Visa Documents
- Valid Passport (If you have any old passports, carry them as well)
- Online US Visa Application Confirmation ( DS-160 Form Submission confirmation).
- US Visa Appointment Confirmation with date, time and location on it.
- H1B Visa Approval Notice (I-797 Form)
- Copy of H1B LCA
- Employment Offer letter from your H1B Sponsor
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.
What is H-2B work visa?
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.
What is the difference between H1B and H-2B visa?
Difference between H1B and H2B Visa H-1B visas are for the employment of skilled workforce who possess university degrees and experience in a certain domain. These applicants, if approved, are granted a period of three to six years. Whereas, H-2B visa holders are allowed for one year, with renewal for two years.
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 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 can H-2B workers stay?
The H-2B classification allows for a maximum stay of three years. A person who has held H-2B nonimmigrant status for a total of three years must leave the United States for three months before applying for readmission as an H-2B nonimmigrant.
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.
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 do I hire a H-2B worker?
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.
How do I apply for the H2B program?
The H2B Process Involves:filing forms and completing processes, including the prevailing wage process, for obtaining an approved DOL Temporary Labor Certification;filing forms and completing processes for obtaining an approved USCIS Petition for Nonimmigrant H-2B workers;More items...
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.
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.
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 ...
What is a special education exchange visitor?
Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
What is an H-2B visa?
The H-2B visa nonimmigrant program permits employers to hire foreign workers to come temporarily to the United States and perform temporary nonagricultural services or labor on a one-time, seasonal, peakload or intermittent basis.
Where to apply for H-2B?
Employers seeking to employ temporary H-2B workers must apply for Temporary Employment Certification to the Chicago National Processing Center (NPC). An employer may submit a request for multiple unnamed foreign workers as long as each worker is to perform the same services or labor, on the same terms and conditions, in the same occupation, ...
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.
How long can an H-2B visa holder remain in the United States?
Visa holders are permitted to stay in the U.S. only for the period of employment that is shown on Form ETA-750A. The initial period can be 12 months or less. Extensions can be obtained for a total of three years.
What is the time frame for processing H-2B visa applications?
Employers must allow a minimum of 60 days, but no more than 120 days, before workers are needed. The process is a lengthy one, so employers need to allow sufficient time for any corrections or other delays.
Can my stay be longer than 12 months on the H-2B visa?
If ‘extraordinary circumstances’ exist under which an employer needs the temporary worker for a longer duration, the employer can apply for an extension to the visa . Each application for extension is judged on its own merits.
How can I extend the time on my H-2B visa?
Visa holders can apply for an Extension of Stay, but there must be justification for the extension.
Can my dependents join me in the U.S. on the H-2B visa?
Absolutely! Dependent spouses and unmarried children under 21 years of age are granted H-4 visas, and are eligible to join H-2B visa holders for the duration of their visas.
Are my dependents eligible to work on their H-4 visas?
Dependents who hold H-4 visas cannot work in the U.S. They must obtain work visas.
Can the H-2B labor certification applications that are filed by job contractors be certified as temporary jobs?
Ordinarily, H-2B applications that are filed by job contractors will not be approved because they are typically for permanent jobs. If a job contractor can establish that the need for workers is indeed temporary, the contractor might qualify for H-2B status on the basis of a one-time occurrence or a peak load requirement.
What is the H-2B visa?
The H2B program allows employers in the US, who meet regulatory requirements, to bring nonresidents to the US to fill temporary (non-agricultural) jobs – for example, hotel staff, janitors, amusement park workers, landscapers, etc.
What happens if an H2B worker files as a resident when they should have filed as a nonresident?
This is definitely one of the most common tax errors that nonresidents make when filing.
What happens if a H2B worker files a Form 1040 instead of a 1040NR?
This can lead to complications when applying for a future US visa or for a Green Card.
Do H2B visa workers pay taxes?
Yes. The income you earn as an H-2B seasonal worker is subject to U.S. federal income tax.
Where do H-2B visas 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 to petition for H-2B visa?
To petition for an H-2B visa worker, an employer must submit a temporary labor certification – a certification granted by the Department of Labor that there are no qualified U.S. workers available for an open position.
What is an authorization for temporary work in the U.S.?
Authorization for temporary work in the U.S. Eligibility for employee benefits, to the extent they are offered by their employer. Authorization to travel into and out of U.S. without limitation. Ability to change positions with their current H-2B employer.
Who is responsible for finding a sponsor for H-2B?
Must receive guaranteed job offer by employer for temporary work prior to U.S. arrival. The foreign national is responsible for finding a sponsor to petition for H-2B workers.
Can a dependent spouse be employed on an H-4 visa?
Dependent spouses or minor children (under 21 years of age) are eligible for an H-4 visa and are permitted to reside with the visa holder. Dependent H-4 visa holders are not authorized for employment, but may study in the U.S.
What is the form for H-2B visa?
They must submit an application form, called a DS-160, with the U.S. Department of State at an embassy or consulate in their home country, as well as seek admission at a port of entry.
When is an H-2B worker terminated?
An H-2B worker is terminated before completing the job they were hired to do.
Can an H-2B visa holder have a child?
However, neither the H-2B visa holder nor their family members traveling to the United States with them may apply for permanent residency because the H-2B visa is a non-immigrant visa.
Can I submit a completed I-129 to the USCIS?
Form I-129. Once an employer has been certified by the DOL, it can then submit a completed Form I-129 to the USCIS. It must also submit the original temporary certification with this form. If, however, the certification was processed in the DOL’s FLAG system, a printed copy of the final determination page should be submitted with the Form I-129 instead.
Can a foreigner get a H-2B visa?
While the foreign nationals get the benefit of being able to come into the country to earn money, it’s the prospective employer who must apply for the visa on their prospective workers’ behalf. To qualify to apply for worker visas through the H-2B visa program, an employer must establish that
