H-2B Visa (Seasonal Non-Agricultural Workers) |
|
The H-2B nonimmigrant visa program permits employers to hire foreign workers to come
to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent.
There is a 66,000 per year limit on the number of foreign workers who may receive H-2B status during each USCIS fiscal year (October through September). The process for obtaining H-2B certification is similar to, but less extensive and time consuming, than permanent certification. | |
|
| I. | Benefits of H-2B Visa |  |
| | A. | You can enter the U.S. for a temporary work and enjoy all employee benefits |
| B. | You can bring your dependents to stay with you in the U.S. |
| C. | You can freely travel outside U.S. on this visa |
| D. | You can change jobs if you can show a new job offer and have a new petition approved on your behalf | | II. | Requirements for the H-2B Visa |
| A.
| Criteria for Determining Employer's Eligibility | | | | | | The employer must satisfy the following conditions to import foreign workers under the H-2B visa: | | | | | |
| 1. | The job and the employer's need must be one time, seasonal, peak load or intermittent |
| 2. | The job must be for less than one year |
| 3. | There must be no qualified and willing U.S. workers available for the job | |
| B. | Criteria for Determining Employee's Eligibility | | | | | | You are eligible for the H-2B Visa provided: |
| | | | | | 1. | You have a valid job offer from a US employer to perform temporary or seasonal non-agricultural work |
| 2. | You intend to return to your home country on expiration of the visa | | | III. | Applying for H-2B Visa | | | |
| | You cannot apply for an H-2B visa as an individual. A U.S. employer must sponsor you for an H-2B visa. |
| A. | Applying for Temporary Labor Certification | | |
| | | The certification is designed to ensure that the admission of foreigners to work in this country on a temporary basis will not adversely affect the job opportunities, wages, or working conditions of U.S. workers.
The U.S. employer must file the Labor Certification at the appropriate State Workforce Agency (SWA) at least 45 days before the day on which workers are needed. In emergency situations, the SWA may waive the time period specified, provided the SWA has an opportunity to obtain sufficient labor market information on an expedited basis in order to make a determination of U.S. worker availability.
The Labor Certification application may be filed using any of the following methods: |
| | | | | | 1. | Filed in person with the appropriate regional administrator and local SWA |
| 2. | Mailed to the appropriate regional administrator and local office of the SWA by certified mail, return receipt requested |
| 3. | Delivered by guaranteed commercial delivery to the appropriate regional administrator and local office of the SWA | | | | | | | The H-2B certification is valid for up to 364 days. As temporary or seasonal non-agricultural employment, the work is performed at certain seasons of the year or for a limited time period of less than one year when the employer can show that the need for the foreign worker is truly temporary. |
|  | |
| PRICE |
| Regular Process | Legal Fee - $1,390
Filing Fee - $470 | | Premium Process |
Legal Fee - $1,390
Filing Fee - $1,470 | | Processing Time | | 1 week |  |
| Call
us: |
| |
US: |
1-202-787-1944 |
| |
UK: |
44-20-8150
6197 |
| |
India: |
91-40-23546104 |
| Email
us |
|
|
|
