1. What is an H-2B visa and who is eligible?

An H-2B visa is a nonimmigrant visa that allows employers to bring foreign nationals to the United States for temporary, nonagricultural work. The employer must demonstrate that it is unable to find sufficient U.S. workers who are capable, willing, and qualified to do the temporary work. In order to be eligible for an H-2B visa, the foreign national must be coming to the United States to perform services or labor on a temporary basis, and the foreign national must have the appropriate qualifications for the job.

2. How long can an individual stay in the U.S. under the H-2B program?

The maximum allowable stay in the U.S. under the H-2B program is 3 years, though the initial period of stay cannot exceed 1 year. Extensions can be requested up to the 3-year maximum.

3. What types of positions can an H-2B visa be used for?

An H-2B visa is a nonimmigrant visa that can be used by foreign nationals for temporary work in the U.S. on a seasonal, intermittent, or peak-load basis. It is typically used to fill temporary, nonagricultural positions such as landscapers, carnival workers, resort and hospitality workers, cooks, waiters, housekeepers, amusement park workers, and other positions in the tourism sector.

4. What documents are needed for an H-2B visa application?

To apply for an H-2B visa, you will need to submit the following documents:
1. Form I-129, Petition for a Nonimmigrant Worker
2. A valid Temporary Labor Certification approved by the Department of Labor
3. Evidence of the beneficiary’s qualifications and experience, such as a resume, certifications, diplomas, or other documents
4. Supporting evidence for the employer’s need for workers, such as contracts, financial statements, or other documents
5. Evidence of the employer’s ability to pay the workers’ wages, such as financial statements
6. Evidence that the job is temporary and will not last beyond one year
7. A valid passport for each worker
8. Two passport-style photos of each worker
9. I-94 Arrival/Departure Record (if applicable)

5. How long does the H-2B visa application process take?

The H-2B visa application process can take anywhere from two to six months.

6. Is there an annual quota for the H-2B visa program?

Yes. There is an annual congressionally mandated cap on the number of H-2B visas that can be issued each year. The current cap is 66,000 visas per fiscal year, with 33,000 available for the first half of the fiscal year (October 1st – March 31st) and 33,000 for the second half (April 1st – September 30th).

7. Are there any additional fees associated with an H-2B visa application?

Yes, there are additional fees associated with an H-2B visa application, including filing fees, attorney fees, and biometrics fees. Additionally, employers may also be required to pay for the cost of transportation for the worker to and from the United States.

8. What is a Labor Certification and why is it required for an H-2B visa?

A Labor Certification is a document that is required by the U.S. government for an H-2B visa. It is a document issued by the U.S. Department of Labor (DOL) that declares that there are no available U.S. workers who are able, willing, qualified, and available to take the job offered to the foreign worker. The purpose of the Labor Certification is to protect the wages and working conditions of both U.S. and foreign workers in the U.S., ensuring that foreign workers are not placed in positions that could otherwise be filled by American workers.

9. How does an employer obtain a Labor Certification for an H-2B visa applicant?

In order to obtain a Labor Certification for an H-2B visa applicant, an employer must first submit a Form ETA-9142B to the Department of Labor (DOL). This form requests information about the position for which the H-2B worker will be employed and the wages the employer is offering. The employer must also submit evidence that it has made good faith recruitment efforts to fill the position with a U.S. worker. Once approved, the DOL will issue a Labor Certification to the employer.

10. When can an employer start the H-2B recruitment process?

An employer can begin the H-2B recruitment process up to 120 days before the start date of the job.

11. Are there any restrictions on how long a foreign worker can stay in the U.S. on an H-2B visa?

Yes. A foreign worker can stay in the U.S. on an H-2B visa for a maximum of three years. The visa can be extended for up to an additional three years depending on the worker’s situation and whether the employer continues to need the worker’s services.

12. Are there any special requirements for foreign workers on an H-2B visa?

Yes, foreign workers on an H-2B visa are subject to certain additional requirements, such as demonstrating that there are not enough U.S. workers available to fill the job, demonstrating that the employment of the nonimmigrant worker will not adversely affect the wages and working conditions of similarly employed U.S. workers, and obtaining a labor certification from the U.S. Department of Labor. Additionally, foreign workers must be provided with certain benefits and protections required by law, such as the requirement to pay prevailing wages and meet other labor standards.

13. What happens if an employer violates the terms of an H-2B visa?

If an employer violates the terms of an H-2B visa, their employees may be subject to deportation, and the employer could face penalties including fines or criminal prosecution. Additionally, the employer could be barred from petitioning for any future nonimmigrant workers in the future.

14. Does having an H-2B visa allow a worker to apply for a green card or U.S citizenship?

No, having an H-2B visa does not allow a worker to apply for a green card or U.S citizenship. H-2B visas are temporary work visas and are not a pathway to permanent residency or U.S. citizenship.

15. What are the most important things to consider when applying for an H-2B visa?

The most important things to consider when applying for an H-2B visa are:

1. Eligibility: You must meet all the requirements to be eligible for an H-2B visa. You must have a job offer from a U.S. employer, and the job must require a worker with specialized knowledge or skill not available in the United States.

2. Documentation: The US employer must submit all the required documents to prove that the qualified workers are not available in the US and that they have made good faith efforts to find them.

3. Timing: The US employer must apply for the visa at least 45 days before the job start date in order for the worker to enter the country in time.

4. Fees: The US employer must pay all applicable fees associated with filing the application and obtaining the visa.

5. Interview: The worker will need to attend an interview at a US embassy or consulate, where they will be asked questions about their job offer and qualifications, and will need to show evidence of ties to their home country.

16. Are there any restrictions on the type of work that can be performed with an H-2B visa?

Yes, there are restrictions on the types of work that can be performed with an H-2B visa. You must be a non-agricultural worker who will perform a job that is temporary or seasonal in nature. The job must also be one that is not easily filled by US workers. Common H-2B visa jobs include landscaping, hospitality, construction, and forestry work.

17. Is it possible to obtain a work permit or residence permit after obtaining an H-2B visa?

No, an H-2B Visa does not provide the holder with authorization to work or live in the United States. To obtain a work permit or residence permit, you must apply for a separate type of visa.

18. Can a foreign worker travel outside of the United States while on an H-2B visa?

No, a foreign worker is not able to travel outside of the United States while on an H-2B visa.

19. Is it possible to transfer to another employer while on an H-2B visa?

Yes, it is possible to transfer to another employer while on an H-2B visa. The new employer will need to submit a new Form I-129 Petition for Nonimmigrant Worker to the US Citizenship and Immigration Services (USCIS) in order to change employers.

20. Is it possible to extend or renew an H-2B visa once it has expired?

Yes, it is possible to extend or renew an H-2B visa once it has expired. Extensions beyond the initial three-year period are granted in one-year increments, although a maximum of three additional one-year extensions is allowed. A new petition must be filed with the USCIS prior to the expiration of the current visa.