H-2B Temporary
non-professional workers
H-2B Temporary
non-professional workers
H-2B VISA
Visa for temporary non-professional workers
The H2B VISA temporary non-agricultural worker program allows American employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. A U.S. employer must file Form I-129, Petition for Nonimmigrant Worker, on behalf of a prospective worker.
CLASSIFICATION
To qualify for H-2B nonimmigrant classification:
The employer must demonstrate that its need for the services or labor of the prospective worker is temporary, regardless of whether the underlying work can be classified as permanent or temporary. The employer’s need is considered temporary if it is a one-time event, a seasonal need, a peak load need, or an intermittent need.
The employer must demonstrate that there are not enough American workers capable, willing, qualified and available to perform the temporary work.
The employer must demonstrate that the employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers
Generally, a single valid temporary labor certificate issued by the United States Department of Labor (DOL) or, if workers are to be employed in Guam, by the Governor of Guam. (Exception: An employer is not required to submit a temporary labor certification with her petition if she is applying for H-2B employment in a position for which the DOL does not require submission of a temporary labor certification application.)
H-2 limit
There is a legal numerical limit, or “cap,” on the total number of aliens who can be granted H-2B nonimmigrant classification during a fiscal year.
Once the H-2B cap is reached, USCIS can only accept petitions from H-2B workers who are exempt from the H-2B cap.
Process
H2B VISA Program
Step 1: The employer submits the application for temporary labor certification to the Department of Labor.
Before applying for H-2B classification to USCIS, the employer must apply for and receive a temporary labor certificate for H-2B workers from the United States Department of Labor (or the Guam Department of Labor if the employment will be in Guam).
Step 2: The employer submits Form I-129 to USCIS.
After receiving a temporary labor certification for H-2B employment from the U.S. Department of Labor or the Guam Department of Labor (if applicable), the employer must file a Form I-129, Petition for Nonimmigrant Worker, before the USCIS requesting H-2B workers. The approved temporary work certificate must be submitted with Form I-129.
Step 3: Potential workers outside the United States apply for visa and/or admission.
After the employer’s Form I-129 is approved by USCIS, prospective H-2B workers located outside the United States can apply to the United States Department of State at a United States embassy or consulate in the alien an H-2B visa (if a visa is required) and, regardless of whether a visa is required, apply to U.S. Customs and Border Protection for admission to the United States under the H-2B classification.
List
Of countries eligible for H2B visa
H-2B petitions can only be approved for nationals of countries that the Secretary of Homeland Security has designated, with the concurrence of the Secretary of State, as eligible to participate in the H-2B program. The list of countries eligible for the H-2B program is published by the Department of Homeland Security (DHS) in a notice in the Federal Register (FR) on an ongoing basis. The designation of countries on the H-2B list of eligible countries will be valid for one year from its publication.
As of January 18, 2011, nationals of the following countries are eligible to participate in the H-2A and H-2B programs:
Period of stay
Generally, USCIS can grant H-2B classification for the period of time authorized on the temporary labor certification (typically authorized for no more than one year). (1 year). The H-2B classification may be extended for qualified employment in increments of up to one (1) year. The maximum period of permanence in the H-2B classification is three (3) years.
A person who has had H-2B nonimmigrant status for a total of three (3) years must depart and remain outside the United States for an uninterrupted period of three (3) months before applying for readmission as an H nonimmigrant. H-2B.
Relatives of workers
With H2B visa
The spouse and unmarried children under age 21 of an H-2B worker may apply for admission to the H-4 nonimmigrant classification. Family members in the H-4 nonimmigrant classification cannot work in the United States.
NotificationS
To USCIS related to employment
H-2B worker applicants must notify USCIS within 2 business days if an H-2B worker is a:
No Show: An alien who does not report to work within 5 business days of the employment start date on the H-2B petition.
Absent: a foreigner who does not report to work for a period of 5 consecutive working days without the consent of the employer.
Termination: a foreigner who was dismissed before the completion of the agricultural work or services for which he was hired.
Early termination: an alien who completes the H-2B work or services for which he was hired more than 30 days in advance.
As stated in a notice published by DHS in the Federal Register on December 19, 2008, applicants must include the following information in their employment-related notice:
- The reason for the notification (for example, explaining that the worker was a “no show”, “absconder”, “termination” or “early completion”)”
- The reason for the late notification and evidence of good cause, if applicable
- The USCIS receipt number of the approved H-2B petition
- The data of the petitioner: Name, address, telephone number, employer identification number (EIN)
- The employer’s data (if different from the petitioner’s): Name, Address, Telephone number
- The data of the H-2B worker: Full name, Date of birth, Place of birth, Last known physical address and telephone number
Additionally, to assist USCIS with the identification of the H-2B worker, USCIS requests that, if available, petitioners also submit the:
- Social Security number.
- Visa number
Notifications to USCIS regarding fees
A petitioner, agent, facilitator, recruiter, or similar employment service is prohibited from collecting a placement fee or other compensation (whether direct or indirect) at any time from an H-2B foreign worker as a condition of employment.
Petitioners have the opportunity to avoid denial or revocation (upon notice) of their H-2B petition if they notify USCIS that they obtained information about the beneficiary’s payment or agreement to pay a prohibited fee or compensation to any agent, facilitator, recruiter or similar employment service only after you have filed your H-2B petition. However, this narrow exception does not apply when a petitioner knew or should have known at the time of filing his or her H-2B petition that the prospective worker had paid or agreed to pay such hiring-related fees to any of these persons or entities.
Notification of payment or agreement to pay prohibited fees by a foreign national to a recruiter, facilitator or similar employment service must be made within 2 business days of the petitioner becoming aware of such payment or agreement.
Petitioners should include the following information in their fee-related notice:
1.-The reason for the notification
2.-The USCIS receipt number of the approved H-2B petition
3.-The data of the petitioner: Name, Address, Telephone number
4.-The employer’s details (if different from those of the petitioner): Name, Address, Telephone number
5.-Information about the recruiter, facilitator or placement service to which the foreign beneficiaries paid or agreed to pay the prohibited fee Name, Address
Fees that are not prohibited are: the fair value of me market or actual transportation costs, whichever is less, and any government-mandated passport, visa or inspection fees, to the extent the payment of such costs and fees by the H-2B worker is not prohibited by law or Department of Labor regulations.
TAKE THE FIRST STEP
Don't postpone your dreams
We support your process of moving to the United States with the appropriate type of visa for your profile. (E1, E2, EB-2, F1, among others)
TAKE THE FIRST STEP
Don't postpone your dreams
We support your process of moving to the United States with the appropriate type of visa for your profile. (E1, E2, EB-2, F1, among others)
