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 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.
Are H-2B visas available?
These supplemental visas are available only to U.S. businesses which attest that they are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition.
How long does a H-2B visa take?
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?
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.
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.
When can I apply for H-2B?
When should the Labor Certification Application for H-2B visa be filed? 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.
How many H-2B visas are there in 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 H-2B get green card?
Does the H-2B visa lead to a “green card” (permanent residence) or U.S. citizenship? No. The H-2B is a nonimmigrant visa issued for a limited period of time. It does not put workers on a path to permanent residence in the U.S. or American citizenship.
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 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.
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.
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 ...
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.
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.
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.
