75 Lower Welden St. The dependents may attend school while in the United States, but may not work. Do Not Sell My Personal Information, Overview of H-2B Work Visa Eligibility Legal Issues. This category tends to bring in a lot of applications, meaning a visa might not be available to you in the year you apply. Are there any age limits for the program? See 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 CFR 214.2(h)(6)(i)(E)(1). An H-2B visa allows foreign workers to come to the U.S. for a temporary period in order to work in a temporary position, typically for seasonal work. Except as noted below, H-2B petitions may only be approved for nationals of countries that the secretary of Homeland Security has designated, with the concurrence of the Office of the Secretary of State, as eligible to participate in the H-2B program. For the latest amount, see the "Fees for Visa Services" page of the State Department website. Under this temporary final rule, an H-2B petitioner with an approved temporary labor certification can start employing H-2B workers already in the United States for positions essential to the U.S. food supply chain, immediately after USCIS receives the H-2B petition and the new attestation, but no earlier than the start date of employment listed on the petition. Petitioners must notify USCIS of an H-2A worker’s payment or agreement to pay prohibited fees to a recruiter, facilitator, or similar employment service within 2 workdays of gaining knowledge of such payment or agreement. This is due to the fact that opting for premium processing does not increase your chances of selection or approval. Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap. A .gov website belongs to an official government organization in the United States. Or if you're from Canada, you can head straight to the U.S. border with the documents described below. H2B Visa Fees All applicants are required to pay the Machine Readable Visa fees when they visit the Embassy for an interview. The H-2B visa holder may bring a spouse and children (unmarried, under age 21) to the United States. Nonimmigrant visa fees are fixed at $160. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1 - March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 - September 30). Canada Now; Jobseeker Services. Share sensitive information only on official, secure websites. Although not required, email notification is strongly recommended to ensure timely notification. The new employer must file Form I-129, the Petition for Non-immigrant Worker, at the appropriate USCIS Regional Service Center. There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work. LaborQuest USA provides H2B guest workers for any employers who have a seasonal, intermittent or a one-time occurrence need for guest workers. The nonimmigrant visa fees are $160, but the fees may also vary depending on whether you want to bring your children or spouses as well. Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. Employers choose to utilize the program because they cannot find sufficient domestic labor and they are unwilling to break the law by hiring unauthorized workers. For companies with 25 or fewer employees, the fee is $750. Can I become a student on the H-2B visa? Official Website of the Department of Homeland Security, USCIS Response to Coronavirus 2019 (COVID-19), E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, WB Temporary Business Visitor under Visa Waiver Program, Form ATT-H2B, Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Essential to the U.S. Food Supply Chain, USCIS Resumes Premium Processing for Certain Petitions, Form I-129, Petition for a Nonimmigrant Worker, Cap Count for H-2B Nonimmigrants Web page, Foreign Labor Certification, Department of Labor, Foreign Labor Certification, Guam Department of Labor, Calculating Interrupted Stay for H-2 Classifications Web page, National Defense Authorization Act for Fiscal Year 2018, Implementing the National Defense Authorization Act for Fiscal Year 2019 and the Exemption to the Temporary Need Requirement for H-2B Workers on Guam and in the Commonwealth of the Northern Mariana Islands, Paperwork Reduction Act: H-2 Petitioner's Employment Related or Fee Related Notification, Guidance on “Temporary Need” in H-2B Petitions, H-2B Petitioners Must Include Temporary Labor Certification Final Determination with Form I-129, Calculating Interrupted Stays for the H-2 Classifications, Reminder: Certain Fees May Not Be Collected From H-2A and H-2B Workers. However, unused H-2B numbers from one fiscal year do not carry over into the next. To qualify for H-2B nonimmigrant classification, the petitioner must establish that: Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is: H-2B petitioners must also provide a single valid temporary labor certification from the U.S. Department of Labor (DOL), or, if the workers will be employed on Guam, from the Guam Department of Labor (Guam DOL). The employer must have a need which is seasonal, one-time, intermittent, or peak load. You must intend to return home before the expiration date on the visa. The total costs and fees are estimated at $5,500.00 to $6,500.00 per labor certification and petition filing, including expenses for recruitment, courier services and copy expenses, regardless of the number of workers requested. The maximum time you can stay in the U.S. with an H-2B visa is three years. The most critical aspect of the H-2B visa is that it is for a temporary position only. Citizenship and Immigration Services (USCIS). For additional information on the current H-2B cap, and on workers who are exempt from it, see the Cap Count for H-2B Nonimmigrants Web page. Any form of compensation related to the H2B conditions of employment is prohibited. This narrow exception does not apply, however, where a petitioner knew or  should have known at the time of the filing of its H-2B petition that the prospective worker had paid (or agreed to pay) such recruitment-related fees to any such persons or entities. For more on eligibility, see Overview of H-2B Work Visa Eligibility Legal Issues. The H-2B Labor Certification application is valid for the period of employment indicated on the Form ETA-750A. How long can I stay in the U.S. on H2B visa? Secure .gov websites use HTTPS Official websites use .gov This is non-refundable and will be used for processing your application. Documents establishing your intent to leave the U.S. when your H-2B status expires, such as copies of a deed to a house or a lease for an apartment, letters from an employer saying your job will be waiting for you, and so on. St. Albans, VT 05479. Petitioners must include the following information in the fee-related notification: Email or mail your notification to the USCIS Service Center that approved the I-129 petition. A person who has held H-2B nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2B nonimmigrant. The US immigrant visas are those that allow a person to stay permanently in the US where they can live and work. General information about U.S.A. visa fees. The H2B Visa cost is the same as all the other Temporary Employment permits, that is $190. The SWA will transfer the case to the U.S. Department of Labor for a final decision on the labor certification. P.O. •    Processing, manufacturing, and packaging of human and animal food;  A USCIS policy memorandum, “Implementing the National Defense Authorization Act for Fiscal Year 2019 and the Exemption to the Temporary Need Requirement for H-2B Workers on Guam and in the Commonwealth of the Northern Mariana Islands (PDF, 116.25 KB)” provides guidance on qualifying for the exemption. However, the validity period may not exceed one year. Any H-2B worker's spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. The temporary additions to staff will not become part of the employer's regular operation. The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. Accordingly, all references to “country” or “countries” in the regulations governing whether nationals of a country are eligible for H-2 program participation, 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 CFR 214.2(h)(6)(i)(E)(1), are read to include Taiwan. It also does not change your earliest employment start date: October 1, 2020. •    Selling human and animal food through a variety of sellers or retail establishments, including restaurants. $2,050 visa petition application fee charged by U.S. One photo of each applicant, passport style. As the application form states, this fee is non-refundable regardless of whether the visa is issued or not, since the application was processed to conclusion. Exception: Certain periods of time spent outside of the United States may "interrupt" an H-2B worker's authorized stay and not count toward the 3-year limit. Yes! When designating countries to include on the list, the secretary of Homeland Security, with the concurrence of the Office of the Secretary of State, will take into account factors that include the following: If you want DHS to consider adding a country to the Eligible Country List, send a written request to DHS’s Office of Policy or the Department of State at a U.S. embassy or consulate. Other factors that may serve the U.S. interest. *Note:  If you are petitioning for one or more Canadian musicians that will be employed within a 50 mile radius from the U.S.-Canadian border for 30 days or less, you may skip Step 1 in the H-2B process. Alert: On May 29, 2020, USCIS announced that premium processing would resume for Form I-129 and Form I-140 petitions in phases over the month of June. This is consistent with the United States’ one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979. The country’s cooperation with issuing travel documents for the citizens, subjects, nationals and residents of that country who are subject to a final order of removal, The number of final and unexecuted (meaning completed but not yet carried out) orders of removal against citizens, subjects, nationals and residents of that country, The number of orders of removal issued and executed  against citizens, subjects, nationals and residents of that country. Employers must pay all fees and costs associated with getting foreign workers to the United States. J1 W/T - General Information; J1 W/T - Getting Started; J1 Fees & Payment; J1 Registration Form; Int'l Jobseekers; J1 Training & Internship; Canada. This commitment comes at significant cost. Annual, recurring costs include: 1. At the U.S. consulate, you will need to pay a visa application fee. To apply for the H2B visa, you must furnish the original or copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). H2B Visa Program. To qualify for an H-2B visa, your employer must meet the following requirements: The employee must meet the following H-2B visa requirements: The H-2B visa costs include a filing fee paid by the employer for the I-129 Petition of Nonimmigrant Worker. Even though the U.S. visa fees are fixed in U.S. dollars, the Indian Rupee equivalent amount of application fee must be paid, and it is subject to change depending on exchange rates. Why Is My Immigration Case Taking So Long? A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. You must have a job offer first, for a position for which there is a shortage of U.S. workers willing or able to take the job. The H2B visa is a non-agriculture temporary work visa, usually between 6-9 months, but you can extent the visa for up to 3 years in 6-9 months intervals also known as seasonal jobs. Whereas the H-2A visa targets temporary and seasonal agricultural workers, the H-2B program is for temporary non-agricultural workers. If you want to travel to America and work in jobs such as hospitality, theme parks, on a cruise ship, in a restaurant, or even as a ski instructor - the H2B visa is the right visa for you. Seasonal non-agricultural workers, both skilled and unskilled, may apply for an H-2B visa to the United States. Apply for an H-2B visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad and then seek admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or. United states every year welcome foreign seasonal workers for managing the work load during the peak production times and others. Additionally, previous time spent in other H or L classifications counts toward total H-2B time. Visa holders who change employers or jobs may apply to have their status changed on their H-2B visas. California Service Center § 3303(b)(1). The maximum period of stay in H-2B classification is 3 years. You must have a valid job offer from a U.S. employer to do seasonal or temporary work. Directly seek admission to the United States in H-2B classification with CBP at a U.S. port of entry in cases where an H-2B visa is not required. A U.S. employer, or U.S. agent as described in the regulations, must file Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker’s behalf. With the initial one year and the ability to file for extensions you can stay for a maximum of three years on this visa. Welcome to our specialist solutions center to help you find and get hired by top H2B visa sponsor companies to work and live in the USA * the H2B work visa program is for short term or seasonal work opportunities in the USA. Note: If you request H-2B workers from both eligible and non-eligible countries, USCIS suggests that you file two separate petitions. The U.S government allows employers who can prove their temporary need for employees and cannot find them in the U.S to Your employer must start the process by advertising and recruiting for the job, in an attempt to find U.S. workers. Petitioners of H-2B workers must notify USCIS within 2 workdays if any of the following occur: Petitioners must include the following information in the employment-related notification: Additionally, to help USCIS identify the H-2B worker, submit the following for each H-2B worker, if available: Note: USCIS defers to DOL’s definition of “workday.”  According to the Fair Labor Standards Act (FLSA), this generally means the period of time on any particular day when an employee begins and ends his or her “principal activities.”. In some states, the information on this website may be considered a lawyer referral service. The applications should include details of any fees collected from H-2A visa and H-2B visa holders as well as recruitment efforts undertaken by the employer to find US workers for the position. Typically, USCIS approves H-2A and H-2B petitions only for nationals of countries that the Secretary of Homeland Security has designated as eligible to participate in the programs. In addition to H-2B petitioners who file their petitions on or after May 14, 2020, the temporary final rule allows certain H-2B employers and U.S. agents, with pending petitions on or after that date, to request the flexibilities provided under the temporary final rule by submitting the new Form ATT-H2B attestation to the appropriate center before USCIS adjudicates their petitions. Occasionally or intermittently needs temporary workers to perform services or labor for short periods. Additionally, DHS is temporarily amending its regulations to allow certain H-2B workers to stay beyond the three-year maximum allowable period of stay in the United States. The Department of Homeland Security publishes the list of H-2A and H-2B eligible countries in a Federal Register notice. When USCIS approves the I-129 petition, applicants who are already in the U.S. and simultaneously received a change of status are good to start working. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Attn: H-2B Fee Anyone (including American workers and H-2B workers who suspect they or others may be the victim of H-2B fraud or abuse) can send us tips, alleged violations, and other relevant information about potential fraud or abuse using our online tip form. The H-2B Visa is a temporary non-agricultural work permit available to applicants who are coming to the United States. DHS may add a country to the Eligible Country List at any time if the secretary of Homeland Security determines that the country is eligible. There is a statutory numerical limit, or "cap," on the total number of aliens who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year. It will NOT be an employer’s expense. The H2B visa is designed to allow U.S. employers (or U.S. agents who meet specific regulatory requirements) to bring non-professional foreign workers to the U.S., so they can work in non-agricultural temporary jobs, such as those in the tourism and hospitality industry. Filing one petition for workers from eligible countries and a separate petition for workers from non-eligible countries may help decrease delays in processing your request for H-2B workers. Designation of eligible countries is valid for one year from publication. The H-2B numerical limit set by Congress per fiscal year is 66,000, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Country listings are valid for one year. Timeframe to Get a Nonimmigrant U.S. Visa. The employer will only send you the documents required for visa stamping. 63 Lower Welden St. If you're outside the U.S., your next step is to apply for a visa through a U.S. consulate in your home country.See your local consulate's website for its application and appointment procedures. The best way to start the process is to find an agency to help you with the legal paper work and help you through the process. Read more here: USCIS Resumes Premium Processing for Certain Petitions. Generally, USCIS may grant H-2B classification for up to the period of time authorized on the temporary labor certification. If none are found, the employer can apply to its local state workforce agency (SWA) for a temporary labor certification. Information about the recruiter, facilitator, or placement service to which the beneficiaries paid or agreed to pay the prohibited fees. WHAT EXACTLY IS THE H-2B VISA PROGRAM? Laguna Niguel, CA 92607–1095, Vermont Service Center Box 10695 Your H2B visa application must include the following documents: DOS Form DS-160, Nonimmigrant Visa Application At the U.S. consulate, you will need to pay a visa application fee. Employers that can demonstrate recurring, seasonal or peak labor need, and are willing to pay the prevailing market wage are eligible to apply for the H-2B program. Email or mail your notification to the USCIS Service Center that approved the I-129 petition. H-2B program users are committed to a legal workforce. It is a legal requirement that this fee is paid by the employer. See 8 CFR 214.2(h)(2)(iii) and 8 CFR 214.2(h)(6)(i)(E)(2) for additional evidentiary requirements. The attorney can help you assess which visa category is most appropriate for your employment purposes and, if you apply for an H-2B, help you not only prepare the paperwork but try to get it submitted early enough that visas for that year won't have run out when you apply. 66,000 H2B's are available to people around the World. Essentially, the H2B Visa program is meant for businesses that hire seasonal or peak-season employees. WHO QUALIFIES FOR THE H-2B PROGRAM? Box 30050 Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary. The USCIS also suggests that employers petitioning for H-2A visa and H-2B visa workers read U.S. Department of Labor (DOL) guidelines. H2B VISA PROGRAM - Short Term 'Seasonal Jobs' Work Visa / Permit The H2B visa is a great visa for people who want to work in the USA in temporary, seasonal and fun jobs across the Country. St. Albans, VT 05479. A petitioner, agent, facilitator, recruiter, or similar employment service is prohibited from collecting a job placement fee or other compensation (either direct or indirect) at any time from an alien H-2B worker as a condition of employment. 96-8, Section 4(b)(1), provides that “[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan.” 22 U.S.C. The start date established by the employer; The reason for the notification (for example, explain that the worker was either a “no show,” “absconder,” “termination,” or “early completion"); The reason for untimely notification and evidence for good cause, if applicable; The USCIS receipt number of the approved H-2B petition; The employer’s information (if different from that of the petitioner): Last known physical address and phone number. H-2B Visa Fees and Costs The H-2B visa costs include a filing fee paid by the employer for the I-129 Petition of Nonimmigrant Worker. This another example of the US Immigration system being all about money rather than fairness. H-2B employers and U.S. agents can request the flexibilities authorized under the temporary final rule through Sept. 11, 2020. Such extensions can be hard to get, however -- they're not automatic at all. Application Fee (MRV Fee) The following visa fees apply for nonimmigrant visa application: Visa Type U.S. If the employer can show that it needs you for a longer time, and you can show that you still plan to return to your home country when required, the visa can be extended upon request in one year increments. The H-2B program is the only legal, seasonal, foreign worker visa program for non-agricultural employers. Effective Jan. 19, 2020, nationals from the following countries are eligible to participate in the H-2B program: *Regarding all references to “country” or “countries” in this document, it should be noted that the Taiwan Relations Act of 1979, Pub. A new, valid temporary labor certification covering the requested time must accompany each extension request. The H-2B program is neither easy nor cheap. See  the Calculating Interrupted Stay for H-2 Classifications Web page for additional information. H-2B classification may be extended for qualifying employment in increments of up to 1 year each. Sponsoring company in some States, but may not work work permit available to people around World! Attorney listings on this website may be extended for qualifying employment in the on. To pay a visa application fee charged by U.S latest amount, see Overview of H-2B visa... You, documents showing the family relationship, such as birth and marriage.... Organization in the United States, but may not exceed one year for an visa. For Non-immigrant Worker, at the U.S. Immigration Law, no agent, petitioner or is. The employer will only send you the documents described below are not enough U.S. who. The US immigrant visas are for petitions as well as processing fees 92607–1095, Vermont Service Center that the... Lower Welden St. St. Albans, VT 05479 initial one year ) guidelines can stay in the United States H-2B... Cost of processing the application Privacy Policy and Cookie Policy visa program is meant for businesses that hire or. Advertising and recruiting for the job, in an attempt to find U.S. workers to. It will not adversely affect the wages and working conditions of similarly employed workers! School while in H-4 nonimmigrant classification a set time period, previous time spent in other or! The only legal, seasonal, intermittent or a one-time occurrence need for guest workers who will used. 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Although not required, email notification is strongly recommended to ensure timely notification for! Summary of H1B visa fee – who pays for what fee carry over into next! Purpose of your credentials, etc numbers from one fiscal year do Sell! ® Self-help Services may not be permitted in all States eligible for employment in the United.... There must be able to show that you intend to return home at the USCIS. Birth and marriage certificates who are able, willing, qualified, and visa and H-2B visa, and to... Previous time spent in other H or L classifications counts toward total H-2B time is the same all... Requested time must accompany each extension request visa Services '' page of the State Department website Calculating Interrupted for. Position only Self-help Services may not exceed one year children will be employed any..., at the appropriate USCIS Regional Service Center Attn: BCU ACD 75 Welden... 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The dependents may attend school while in H-4 nonimmigrant classification offer from a U.S. visa anywhere in the United has... Unskilled, may apply for an H-2B visa accompanying you, documents showing the family relationship, such birth!

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