Online Visa Guide
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The H-2B visa is the second type of visa within the H-2 temporary work visas in the U.S. The H-2B program is applicable for those who want to work as temporary non-agricultural workers in the U.S after being sponsored. The government of the U.S allows an employer to bring foreign employees to work in the U.S for a specific period by proving their temporary need for employees under the H-2B visa. There are some following industries which meet the requirements to hire H-2B workers:
The employers should meet up the following criteria to hire foreign workers under the H-2B visa:
There are three following requirements for obtaining the Department of Labor (DOL) Temporary Labor Certification:
The employees or foreign workers also have to meet up the following requirements:
The Department of Homeland Security has determined citizens of the H-2B eligible countries list to get H-2B visas which include these following countries:
The employers should provide the following documents if they want to hire a foreign worker who is not on the list:
Eventually, USCIS receives the application for a nonimmigrant worker (Form I-129), you may appeal for a permit. There are numerous phases in the visa application process. The order of these phases and how you complete them may vary at the U.S. Embassy or Consulate where you apply.
H-2B Visa Petitioning Procedure for Employers
Companies who need to recruit overseas workforces for their work purpose have to follow these steps:
If all of these are permitted from their particular agencies, the claimant or worker can begin the visa request. Else, if the authorization and appeal are rejected, the worker cannot obtain the H-2B permit and will not be permitted to arrive and work in the U.S.
Authorization from DOL: The first stage to receiving approval to recruit H-2B employees is to obtain authorization from the U.S Department of Labour. This can be completed by filing the ensuing forms:
The employers should have to prove that the workers for a temporary period. There are several types of temporary work that meet up the requirements:
The employers required to show that there are not enough U.S employees to meet up their demand to do the job. The employer should have to arrange a recruitment process to prove this. The employer should be posting job ads in newspapers and other media. They should post the job ads in the newspaper for three consecutive days. Their job offer should be open for the U.S employees up until 21 days earlier the employer needs the services of the employee. To obtain the certificate from the Department of Labour, the employer then needs to submit the documentation that proved their recruiting efforts. The Temporary Labor Certification is valid for three years if the DOL approves it. After that, the employer can able to go to the next steps.
Apply to USCIS: The second stage is to appeal for the U.S government to permit overseas workforces to be employed in a U.S corporation. This is complete by filing Form I-129 to USCIS no extra than six months and no less than 45 days earlier there is a need for the employees. Companies must file Form I-129 for each worker that they aim to recruit. The I-129 is evaluated from USCIS, and a response is returned to the employer. If USCIS approved the petition, they would give Form I-797 which indicates that the dates when the employer can start hiring workers under the H-2B visa and when should the works end.
H-2B Visa Application Procedure for the Employee
Next, the employer has established that they will reach all the required settings to recruit foreign workers and get permission from DOL and USCIS; the staff can begin their visa application. Visa appeals are completed at the U.S Embassy where the worker is applying from. These are the processes: