What is h2b visa

Foreign Labor Certification Helping U. On This Page. Quick Links. In order to receive an H-2B temporary labor certification, the employer must establish that: There are not enough U. The employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U. Its need for the prospective worker's services or labor is temporary, regardless of whether the underlying job can be described as temporary.

With the exception of a one-time occurrence need that could last up to three 3 years, temporary need will not be approved for longer than 10 months. The employer's need is considered temporary if it is a n : one-time occurrence - An employer claiming a one-time occurrence must show that it has: Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future; or An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.

Workers, however, are always free to secure their own housing. You should complete Form I-9 for each H-2B worker just as you would for a domestic worker. A list of acceptable documents to verify employment authorization is provided in the I-9 form instructions. Bottom line: While imperfect, controversial, unstable, and complex, the H-2B visa program is extremely important to the U. It allows U. The H-2B program has been the subject of multiple lawsuits in the past few years, which has caused instability in the program.

However, the need for it among U. See more ». This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies. Leonard D'Arrigo. To embed, copy and paste the code into your website or blog:. When is an Occupation Agriculture Versus Nonagricultural?

An employer can establish temporary need under any one of the following scenarios: One-time occurrence - The employer must show one of the following situations: 1 the employer has not employed workers to perform the services or labor in the past, and the employer will not need workers to perform the services or labor in the future; or, 2 the employer has an employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.

This one-time need may last up to three years. Seasonal need — The services or labor are traditionally tied to a season of the year, by a temporary event or pattern, and are of a recurring nature. Peakload need — The employer regularly employs permanent workers to perform the service or labor, and it needs to supplement its permanent staff on a temporary basis due to seasonal or short-term demands, with temporary employees who will not become a part of the regular operations.

Intermittent need — The employer must establish that it has not employed permanent or full-time workers to perform the services or labor, but occasionally or intermittently needs temporary workers for short periods. For many, employers, this totals a full 3-week time period.

Submission of a recruitment report in accordance with the deadline on the NOA. H-2B Compliance Files, Audits, and Post-Filing Reporting Requirements H-2B petitioners must provide notification to ETA and DHS within 2 work days when an H-2B worker fails to report to work within 5 work days of the employment start date on the H-2B petition; the temporary labor or services for which H-2B workers were hired is completed more than 30 days early; or; the H-2B worker absconds from the worksite or is terminated prior to the completion of the temporary labor or services for which he or she was hired.

The petitioner must include the following information in the notification: The reason for the notification; The reason for late notification, if applicable; The USCIS receipt number of the approved H-2B petition; The petitioner's name, address, telephone number, and employer identification number EIN ; The employer's name, address, and telephone number, if it is different from that of the petitioner; The name of the applicable H-2B worker; The date and place of birth of the subject H-2B worker; and The last known physical address and telephone number of the subject H-2B worker.

Documents and records not previously submitted during the registration process to substantiate temporary need. Proof of recruitment efforts, as applicable, including job order placement, contact with former U. Records to substantiate the information submitted in the recruitment report. The final recruitment report and any supporting resumes and contact information. If appropriate, records of when and how much the employer reimbursed workers for transportation and subsistence costs.

Evidence of contact with U. Evidence of required contact with any former U. Any collective bargaining agreement, individual employment contract, or payroll records used to substantiate any claim that certain incumbent U. In summary, you must meet the following requirements to be eligible for application: You must be a citizen of one of the eligible countries as designated by the Secretary of State for the H2B Visa Program. Your sponsor employer must be US-based with labor certification.

You must have the basic qualifications for the non-agricultural job you want to do. There must be no qualifying and willing U. You must have ties to your home country to show that you will return home when your visa expires. Job Position Eligibility Criteria. However, to qualify as a temporary job position, it must be any of the following: Seasonal need: These are jobs that are needed during a specific season. These types of jobs are recurring, usually annually. Intermittent need: These are jobs without sufficient full-time workers.

Hence, the employer needs temporary part-time workers to assist. Peak-load need: These are open job positions during very busy times, and an employer needs additional workers. One-time need: These are jobs that last for a very short period and just for a one-time period. H2B Visa Application Process. H2B Visa Required Documents. This could be proof of ownership of valuable property, family ties, etc.

H2B Visa Fees. H2B Visa Processing Time. Your City. I consent to marketing emails. H2B Visa Validity. Applying for a Green Card. Travelling to the U. How can IAS help? Advice Package Comprehensive immigration advice tailored to your circumstances and goals. Application Package Designed to make your visa application as smooth and stress-free as possible. Fast Track Package Premium application service that ensures your visa application is submitted to meet your deadline.

Appeal Package Ensure you have the greatest chance of a successful appeal. We will represent you in any case. The Advice Package With our untimed Advice Session, our professional immigration lawyers will review your case and provide you with comprehensive advice, completely tailored to your needs and your situation.

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Your employer must anticipate needing your services or labor for no more than one year. Your employer must be unable to find a qualified and willing U. You must have received a valid, written job offer from your employer. Your experience and education must qualify you for the job. You must intend to return home once your H-2B classification expires. A one-time occurrence is a job that is normally permanent, but a short-term event has created a temporary vacancy an unexpected illness, for example.

This need has never occurred before and is not anticipated to occur again. A seasonal need is tied to a season of the year Christmas time, for example and it must recur periodically. Supporting documentation includes the following: The appropriate filing fee; Form IH; Copy of temporary labor certification. Evidence that you are qualified for the employment, as stated on the labor certification. Evidence that you are in legal immigration status if you are applying from the United States.

You will also need to schedule a visa interview appointment at the embassy or consulate, and you will need to bring at least the following documents with you to your H-2B visa interview: The DS confirmation page; A printout of the Form DS that you filled out online; Form I approval notice from the USCIS, showing USCIS approval of your Form I; A valid passport for you and each of your accompanying family members, to stamp the H-2B visa and H-4 visas onto.

One passport-style photo of each applicant; Documents proving the family relationship between you and any accompanying family members marriage certificate, birth certificates, etc. Documents proving that you have nonimmigrant intent — in other words, that you intend to return home once your employment concludes. Evidence of homeownership in your home country, or employment waiting for you when you get home, should suffice. Which of my family members can come with me?

How long does it take to process an H-2B visa?