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.
How does H-2B visa 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 much does a 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.
What is H-2B visa vs H1B?
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 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.
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.
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.
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.
Can I work two jobs on a H-2B visa?
“H-1A visa transfers” is a misnomer because the worker visa is not transferable between two companies. However, employees with a visa can change jobs during their stay.
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 apply for H-2B 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...
How can I apply for H-2B visa?
Now, let's look at how to file the H2B visaStep 1: Begin and complete a labor certification application. As a petitioner who is also an employer, you request an H2B visa. ... Step 2: Submit the form I-129 to the USCIS service center. ... Step 3: Alien workers apply for a visa at the US embassy.
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.
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 Long Can You Stay on an H-2B Visa?
The initial H-2B visa is good for up to one year. If the employer can show that it needs you for a longer time, and you can show that you still plan to return to your home country when required, the visa can be extended upon request in one year increments. Such extensions can be hard to get, however -- they're not automatic at all.
Can seasonal non-agricultural workers apply for H-2B visa?
Seasonal non-agricultural workers, both skilled and unskilled, may apply for an H-2B visa to the United States. You must have a job offer first, for a position for which there is a shortage of U.S. workers willing or able to take the job. You must be able to show that you intend to return home at the end of the permitted stay.
Can an attorney help you with an H-2B?
The attorney can help you assess which visa category is most appropriate for your employment purposes and , if you apply for an H-2B, help you not only prepare the paperwork but try to get it submitted early enough that visas for that year won't have run out when you apply.
What is an H2B visa?
The H2B visa is designed to allow U.S. employers (or U.S. agents who meet specific regulatory requirements) to bring non-professional foreign workers to the U.S., so they can work in non-agricultural temporary jobs , such as those in the tourism and hospitality industry.
How much is the H2B visa cap?
At the current time, Congress has set the H2B visa cap at 66,000 per fiscal year (33,000 for workers who begin employment in the first half of the fiscal year, and 33,000 for workers who begin ...
How many H2B visas were increased in 2017?
In July 2017, the DHS and DOL agreed to a one-time increase of 15,000 H2B visas for the 2017 fiscal year only, and further announced on September 15 that it is no longer accepting petitions under this provision.
How long is an H1B visa valid?
The H1B visa, which is valid for three years (after which it can be renewed for an additional three years), is designated for individuals who have specialized skills that are typically earned through advanced graduate degrees obtained from qualifying institutions.
Can a foreigner be a H1B?
Foreign nationals who petition for an H1B visa must have a job offer in their area of expertise from a U.S. based employer, and the Department of Labor must confirm that the role cannot be filled by a U.S. citizen (i.e. the employer must try, and fail, to recruit locally for the position). What’s more, the employer must affirm that it will pay the foreign national the prevailing average salary, and that working conditions will be in alignment with employees who are U.S. citizens.
What is the H-2B program?
The H-2B provisions of the Immigration and Nationality Act (INA) provide for the admission of nonimmigrants to the U.S. to perform temporary non-agricultural labor or services. 8 U.S.C. 1101 (a) (15) (H) (ii) (b). This fact sheet provides general information concerning employer requirements under the H-2B program for H-2B applications submitted on ...
How many weeks does an employer have to pay H-2B?
If during any 12- or 6-week period, the employer does not offer H-2B or corresponding workers sufficient hours to meet the three-fourths guarantee, the employer must pay such workers the amount they would have earned had they actually worked for the guaranteed number of workdays.
How does an employer pay for transportation and subsistence?
The employer will either advance all transportation and subsistence expenses to workers traveling to the employer's worksite, pay for them directly, or reimburse the expenses no later than the time workers complete 50 percent of the period covered by the job order. The employer may be obligated under the FLSA to reimburse workers for their inbound transportation during the first workweek to the extent that the travel costs they incurred would bring workers below the Federal minimum wage. This provision applies to H-2B workers and to workers in corresponding employment who travel from far enough away to the worksite that it is not reasonable for them to return home every day.
Do H-2B workers have to have a copy of their job order?
The employer must provide to workers, without charge or deposit, all tools, supplies, and equipment required to perform the duties assigned. All H-2B and corresponding workers must be provided with a copy of the job order. H-2B workers located abroad must receive the job order no later than when they apply for a visa.
Do employers have to post H-2B?
The employer must post a DOL-provided poster in English detailing H-2B and corresponding workers' rights and protections in a conspicuous location at each worksite. The employer must post additional posters if a significant portion of workers are not fluent in English and if DOL provides the poster translated into their language.
