The employee must meet the following H-2B visa requirements:
- You must have a valid job offer from a U.S. employer to do seasonal or temporary work.
- You must have the correct background and abilities for the job.
- You must intend to return home before the expiration date on the visa.
How can I apply for a H2B visa?
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
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.
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?
How long is the processing for the H2B visa?
How long does it take to process a H2B visa? Currently, the H-2B Application process can take more than 6 months to complete and the process is broken up into several steps. Each step is dependent upon the successful completion of the prior step.
See 2 key topics from this page & related content
How much does it cost to file for H2B 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.
How long does a H2B 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 does the H-2B program work?
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.
How do I become a H-2B sponsor?
These are:Step 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.
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?
An 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 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.
When can I apply for H-2B?
A complete DOL Form ETA-9142, Application for Alien Labor Certification, must be filed at least 60 days before the first date on which H2B workers are needed. however, recruitment for the labor certification can not be started more than 120 days before the workers are needed.
How hard is it to get a H-2B visa?
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.
How many H2B 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 H-2B workers stay?
3 yearsThe maximum period of stay in H-2B classification is 3 years. A person who has held H-2B nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2B nonimmigrant.
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.
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.
Can a H-2B family member work in the US?
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. Employment-Related Notifications to USCIS.
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.
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.
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.
The H-2B application process
The H2B visa procedure includes asking the U.S. Department of Labor to Certify that there are no United States workers who are able, willing, and qualified to perform the work that the employer wishes to fill.
H-2B Employer Supporting Documentation
An employer must submit supporting documentation when filing its Application for Temporary Labor Certification. These documents include:
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I have spoken with many of you regarding different strategies for ‘beating the H2B cap’ next season. This email is to summarize two of these options. This strategy works to ‘beat the cap’ because the H2B workers are brought in during the Winter, when not as many businesses apply for H2B visas. As long as…
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 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.
