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 a 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 hb2 visa in USA?
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 it cost to get a H-2B 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. Certain other fees might apply, depending on your nationality.
How long does a 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.
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.
What jobs can you get with a H-2B visa?
The H-2B visa nonimmigrant program permits employers to hire foreign workers to come to the United States and perform temporary nonagricultural services, or labor in positions that would otherwise go unfilled.
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 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.
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.
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 I get married on a H-2B visa?
Can I Marry A US Citizen on A Tourist Visa? The short answer is: yes, you can get married in the US while on a B-1/B-2 tourist visa or on a visa waiver program. There is nothing in the regulations that say individuals who are in the US as visitors cannot get married.
How can I get H-2B visa in USA?
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.
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.
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.
Do H-2B visa workers pay taxes?
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-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 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.
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 an H2B visa?
The H-2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means one of the following:
How long can an H2B visa be extended?
The maximum authorized period is one year. However, the employer may extend the duration of the visa up to a total period of three years in one year increments. It should be noted that in many cases for the H2B visa you will not receive a visa for one year in duration.
How long before you can apply for a visa?
However, they should be submitted at least 45 days before the employment will begin, because the petition processing and visa issuance may not be completed before work is to begin. If the prospective worker is outside of the US, he/she must apply for a visa with the US Embassy or Consulate.
Can a visa be denied?
Applicants should be aware that a visa does not guarantee entry into the United States. The officer at the port of entry has authority to deny admission, even if the applicant has a visa. Also, the officer at the port of entry, not the consular officer, determines the period for which the bearer of a temporary work visa is authorized to remain in the United States. At the port of entry, officials issue Form I-94, Record of Arrival-Departure, which notes the length of stay permitted. The decision to grant or deny a request for extension of stay, however, is made solely by the USCIS.
Can a spouse of an H-2B visa holder work in the US?
They may remain in the US as long as the authorized stay of the H-2B visa holder. H-4 visa holders are not permitted to work in the US.
Does an H-2B visa affect wages?
Employing a worker on an H-2B visa will not negatively affect the pay or conditions of US workers. A prevailing wage request will need to be completed via the FLAG system (Foreign Labor Application Gateway).
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 the H-2B Visa?
The H-2B visa is a special type of work visa that allows employers to hire non-agricultural workers to fill in temporary job requirements. This visa can only be utilized when U.S. workers are not available for the job.
How to deal with visa applications?
In these cases, seeking a helping hand via a recruitment agency could be a great idea. These visa recruitment agencies are well versed in understanding the labor needs and have the expertise to deal with the visa-related paperwork efficiently. They also give employers access to a reliable and legal global labor market to help them get their jobs done with ease.
How long is an H2B visa valid?
H2b is for seasonal or temporary work and is issued for a max of 2 years, but frequently shorter. No route to employer sponsored permanent residence. The job must be temporary or seasonal. The H-2 visa cannot be issued based upon a temporary job offer for a future permanent position.
How long does it take for an H-2B to expire?
An H-2B is admitted for the validity of petition plus a maximum of 7 days prior to the validity date of the petition and up to 10 days after the expiration date.
What does an applicant have to demonstrate to the Immigration Service?
The applicant must demonstrate to the Immigration Service that he/she fulfills the requirements to perform the job
Can an H-2B be a dependent?
An H-2B must have a foreign residence and must be coming only to fill a position which is itself temporary or seasonal. Dependents are admitted as H-4. Dependents may not work but may attend school without changing status.
