Understanding the US H2B Visa: Eligibility, Application Process, and More

Table of Contents

Introduction

Many people travel to the US after receiving a job offer. These individuals must obtain an H-type visa before entering the country. The H2B visa, which falls under the category of temporary work permits, is designed for professionals and non-professionals alike. In this blog, we will delve into the details of the H2B visa, including the application process, essential documents required from both the employer and the worker, and eligibility criteria. So, let's get started!

What is the US H2B visa?

The US H2B visa is a temporary work permit for individuals employed in fields other than agriculture. It allows US employers to hire foreign workers when suitable US employees are unavailable. Annually, only 66,000 visas are issued for the H2B category. There is a cap on the number of H2B visas issued, with 33,000 permits distributed between October 1st and March 31st, and another 33,000 visas issued between April 1st and September 30th. Any remaining visas from the first half of the year are carried over to the second half. It's important to note that if the cap is not reached in a particular year, the remaining visas are not carried forward to the following year.

Industries Eligible for the US H2B visa

The H2B visa is available for various industries. Eligible sectors include:

  • Hospitality
  • Cruise Ships
  • Resorts and Theme Parks
  • Water Parks and Ski Resorts
  • Restaurants and Bars
  • Construction
  • Landscaping
  • Golf Courses
  • Warehouses, Maintenance, and Janitorial
  • Retail Stores
  • Sports

Types of Job Opportunities

There are four types of temporary job opportunities eligible for the H2B visa:

  1. One-time occurrence: This category applies when an employer needs someone for a particular job but does not intend to hire for the same job in the future.
  2. Seasonal need: If an industry has a predictable cycle of seasonality, employers can hire temporary workers to fulfill the increased demand during those periods.
  3. Peak-load need: Employers who experience short-term increases in demand can hire temporary workers to meet the workload during those periods.
  4. Intermittent need: In certain job situations, employers may not hire a permanent workforce and instead rely on temporary staff for short-term periods.

Eligibility Conditions for the US H2B visa

Before a foreign worker can apply for the H2B visa, the employer must satisfy specific eligibility conditions. The employer must:

  1. Prove that a search for appropriate workers in the US job market has been conducted.
  2. Ensure that hiring a foreign worker will not negatively impact working conditions in the US.
  3. Hire foreigners specifically for temporary jobs.

Additionally, the employer must fulfill certain conditions to obtain a Temporary Labor Certification from the US Department of Labor:

  1. If the worker has to travel long distances to reach the workplace, the employer must provide transportation or cover the transportation costs at the end of the contract.
  2. The employer must supply three meals per day during the contract period, unless they provide facilities for cooking.
  3. A fair wage, equivalent to that of an American worker, must be provided to the foreign worker.

On the other hand, foreign workers must meet the following requirements:

  1. Have a job offer from a US employer.
  2. Prove that they do not intend to permanently reside in the US.
  3. Demonstrate adequate skills for the job position offered.

It's worth noting that not all nationalities are eligible for the H2B visa. The Department of Homeland Security maintains a list of authorized countries, which is updated annually. Employers can also request the addition of other countries to the list. If an employer intends to hire a foreign worker from a country not on the authorized list, certain additional documents must be submitted.

How to Apply for the US H2B visa

Let's go through the steps that both the employer and the foreign worker must follow to apply for the H2B visa:

Employer's Steps:

  1. Obtain a Temporary Labor Certification from the US Department of Labor. This certification is essential for all employers intending to hire foreign workers. The employer must provide Form ETA-9155, which must be registered between 120 and 150 days before the worker is needed, along with Forms ETA-9141 and ETA-9142.
  2. Prove that the visa applicant will be hired for a temporary job position and that suitable US workers were not available. This requires publishing job advertisements in newspapers for three consecutive days and keeping the offer open to US employees for at least 21 days.
  3. Submit documentation related to the recruiting attempts to be eligible for the Temporary Labor Certification. Once approved, the certification is valid for three years, allowing the employer to initiate the H2B visa application process.
  4. File a petition (Form I-129) to the United States Citizenship and Immigration Services (USCIS) between 45 days and 6 months before the employees are needed. Each employee requires a separate petition, which cannot be transferred to others. If the petition is approved, the employer receives a Form I-797 indicating when the worker can be hired and the contract end date. Adhering to the time recorded in this form is crucial, as future applications may be rejected if the employer fails to comply.

Foreign Worker's Steps:

  1. Once the employer has received the necessary approvals, the foreign worker can begin the visa application process.
  2. Collect the required documents, including the DS-160 online application form and its confirmation page, Form DS-156, Form DS-157 (for men between 16 and 45 years old), H2B visa fee of $190, a valid passport, a photo, and copies of Forms I-797 and I-129 indicating USCIS approval.
  3. Participate in an interview with the consular officer at the embassy. The officer will assess the applicant for the H2B visa during the interview.
  4. If the visa is approved, the applicant can proceed with visa stamping and enter the US based on the date stated in Form I-797.

Validity and Extensions of the US H2B Visa

The validity of the H2B visa depends on the period authorized in the Temporary Labor Certification. Individuals can stay in the US for the specified duration. If needed, the visa validity can be extended for an additional year. The maximum period a person can stay in the US under this visa category is three years. After this period, individuals must spend at least three consecutive months outside the US before reapplying.

Bringing Family Members to the US

H2B visa holders can bring their spouse and unmarried children to the US by obtaining an H4 visa. Family members can remain in the US as long as the primary visa holder maintains valid H-2B status. However, H4 visa holders are generally not allowed to work unless specific circumstances apply. They are, however, permitted to enroll in academic courses. To work, H4 visa holders must obtain a separate work visa.

Changing the H2B Visa Status

It is possible to change the H2B visa status under certain circumstances. If a visa holder finds a new job, the new employer can file a petition with USCIS. Additionally, if a person finds a job that requires a different visa category, they can apply to change their visa type through a new employer. It's also worth mentioning that H2B visa holders can apply for a Green Card, which grants permanent residency in the US.

Reasons for H2B Visa Application Rejection

Several factors can lead to the rejection of an H2B visa application:

  1. Failure of the employer to prove that they have made efforts to hire a US worker for the position.
  2. Non-submission of necessary documents within the specified timeframe.
  3. Employment of a foreign worker causing harm to the working conditions, wages, or benefits of US workers.
  4. Prior violation of the terms of H-2B certifications within the past two years.

Conclusion

Obtaining an H2B visa allows foreign workers to contribute their skills to the US job market. By following the necessary steps, both employers and workers can navigate the application process successfully. If you found this information helpful, be sure to check out our website for a free cheat sheet on the H2B visa. Thank you for reading!

FAQs

Q: How many H2B visas are issued annually?

A: The US government issues a total of 66,000 H2B visas each year, divided into two parts: 33,000 visas between October 1st and March 31st, and another 33,000 visas between April 1st and September 30th.

Q: What industries are eligible for the H2B visa?

A: Industries eligible for the H2B visa include hospitality, cruise ships, resorts and theme parks, water parks and ski resorts, restaurants and bars, construction, landscaping, golf courses, warehouses and maintenance, janitorial services, retail stores, and sports.

Q: Can the H2B visa be extended?

A: Yes, the H2B visa can be extended. Individuals can stay in the US for up to three years under this visa category and may apply for an additional year of validity if needed. After three years, individuals must spend at least three consecutive months outside the US before reapplying.

Q: Can family members accompany H2B visa holders to the US?

A: Yes, family members, including spouses and unmarried children, can accompany H2B visa holders to the US. They can obtain H4 visas, which allow them to stay in the country as long as the primary visa holder maintains valid H-2B status.

Q: Can the H2B visa be changed to a Green Card?

A: Yes, it is possible to apply for a Green Card while holding an H2B visa. The process involves meeting the eligibility criteria for a Green Card and following the necessary steps to change the visa status.

Q: What are the reasons for H2B visa application rejection?

A: Some common reasons for H2B visa application rejection include the failure of the employer to prove recruitment efforts, non-submission of required documents within the specified timeframe, harm to working conditions or wages of US workers, and prior violations of H-2B certifications.

DR MISBAH ULLAH KHAN OFFICIAL

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