Who is eligible for a H2B visa?
H2B Visa Eligibility – It Is Suitable For: 1 Foreign athletes, trainers or artists with a job offer from a U.S. employer 2 Skilled workers in crafts and trades who are able to perform tasks for which no U.S. workers are available 3 U.S. companies hiring foreign nationals to perform temporary work for which no U.S. workers are available
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 do you need to know about H-2B 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.
Can an employer pay for an H-2B visa attorney?
The employer and its attorney, agents and/or employees must not seek or receive payment of any kind from the H-2B worker for any activity related to obtaining employment certification, including but not limited to payment of the employer's attorney or agent fees, application or DHS petition fees, or recruitment costs.
See 2 key topics from this page & related content
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 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.
What industries use H-2B visas?
A huge number of widespread industries offer job opportunities to the foreign temporary workers hired through the H-2B visa program. Landscaping and groundskeeping make up 40 percent of the total jobs offered. Forestry comprising eight percent of the H-2B jobs, serves as the second-largest industry.
How do I get an H-2B employee?
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.
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.
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.
Where do most H-2B workers 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 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 you go from H-2B to 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.
Are H-2B visas available?
WASHINGTON—The Department of Homeland Security (DHS) and the Department of Labor (DOL) announced today the availability of an additional 35,000 H-2B temporary nonagricultural worker visas during the second half of fiscal year (FY) 2022.
Can you bring your family on a H-2B visa?
H2B Visa Benefits You can bring your dependents to stay with you in the U.S.
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.
What is temporary employment?
An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
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.
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.
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.
Employment-Based Immigration
The H-2B program, also known as a guest worker visa program, permits employers to hire foreign workers to come to the United States and perform temporary nonagricultural services on a one-time, seasonal, peak load, or intermittent basis.
What Does the H-2B Visa Mean in Practice?
The H-2B visa category is quite broad in terms of the type of temporary nonagricultural occupations that can qualify for H-2B status. About half of all H-2B visa temporary workers are employed as landscapers, groundskeepers, and forestry workers.
Duration of Stay
An H-2B visa holder can be granted a term of stay up to nine months (up to a year for “one-time occurrences”). Under the right circumstances, the period of stay of a temporary worker can be extended up to three years, although this is an unusual case. Each H-2B visa extension typically lasts for one year.
Eligibility Requirements for H-2B Classification
To qualify for an H-2B visa, your employer must meet certain requirements, and you must also meet certain requirements.
Approval Process
For most H-2B visa applicants, the approval process is a three-step process – one step for the labor certification application, one step for approval by the US Citizenship and Immigration Services (USCIS) of the US Department of Homeland Security, and one step for a US embassy or consulate abroad to issue an H-2B temporary visa.
Frequently Asked Questions (FAQs)
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.
The Visa Cap
H-2B visa status is subject to an annual quota of 66,000 approvals – 33,000 H-2B visas for employment from October 1 to March 31, and 33,000 H- 2B visas for employment from April 1 to September 30. The H-2B visa is popular—in fact, the visa cap is usually filled every fiscal year.
What are the H2B Visa requirements?
Before you can file your petition, you must find a U.S.-based sponsor and receive an offer to perform a temporary job. Moreover, you must meet the following H2B Visa requirements:
What is an H-2B visa?
The H-2B Visa allows US employers to hire migrant workers to fill temporary non-agricultural roles in the US.
What is the processing time for an H2B Visa?
Your journey through your H2B Visa Program begins when your U.S. sponsor submits a Form I-129 to the USCIS. However, your employer must first obtain a Temporary Labor Certification from the Department of Labor. By doing this, your company establishes that there are no U.S. workers available to fill that position.
How long will my H2B Visa last?
Generally, the USCIS will grant your H2B Visa for up to the period your employer requires your service .
How long does it take to get an H2B visa?
As a general rule, your H2B Visa sponsor can file the request a minimum of 60 days, but no more than 120 days, before your services are needed.
Can I change my status from H2B Visa to Green Card?
In other words, you cannot directly change your status from H2B Visa to a Green Card. Nevertheless, you can seek another non-immigrant permit. To be eligible, you must find a new employer and then file a fresh Form I-129.
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.
How to get temporary labor certification?
workers. If none are found, the employer can apply to its local state workforce agency (SWA) for a temporary labor certification. The SWA will transfer the case to the U.S. Department of Labor for a final decision on the labor certification.
What documents are needed to accompany a spouse?
If your spouse and children will be accompanying you, documents showing the family relationship, such as birth and marriage certificates.
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.
Do you have to have a valid job offer to do seasonal work?
You must have a valid job offer from a U.S. employer to do seasonal or temporary work.
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.
How to get an H-2B visa?
That employer will most likely need to hire a lawyer to help. Larger employers often have their own lawyers on staff. Because in most years, there are more people trying to get an H-1B visa than there are visas available, a lawyer can help make sure that your application is done right the first time, and gets filed before the visas run out.
What jobs meet the criteria for temporary employment?
Other jobs that have met the criteria include athletes, camp counselors, craftpersons, horse trainers, and home attendants for terminal ly ill patients . Although we've just given several examples of jobs that meet the USCIS's definition of temporary, be aware that most jobs do not.
What is temporary employment?
The term "temporary" refers to the employer's need for the duties performed by the position. There must be a specific beginning and end to the employer's need for the worker's services. Seasonal laborers, workers on short-term business projects, and those who come to the U.S. as trainers of other workers commonly get H-2B visas.
Can an H-2B visa be used for a temporary job?
A job can be deemed temporary if it is a one-time occurrence, meets a seasonal or peak-load need, or fulfills an intermittent but not regular need of the employer. H-2B visas are also frequently used for entertainers who cannot meet the criteria for O or P visas.
Can a spouse and children work in the US?
If the spouse and children come to the U.S. in H-4 status they may not work (though they might qualify for a work visa in their own right). The H-2B visa holder and family may travel in and out of the U.S. or remain here continuously until the visa status expires.
Can a non-participating country file an H-2B?
For a person from a nonparticipating country to qualify for an exception, he or she must show evidence of being the beneficiary of an approved H-2B petition, as well as how approval would serve the U.S. interests, based on such factors as:
Does an employer have to pay for transportation?
The employer must also pay or reimburse workers for transportation and visa costs, and must provide workers' compensation insurance.
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