The H-2B nonimmigrantAn alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children. 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 yearCurrently, the twelve-month period beginning October 1 and ending September 30. Historically, until 1831 and from 1843-49, the twelve-month period ending September 30 of the respective year; from 1832-42 and 1850-67, ending December 31 of the respective year; from 1868-1976, ending June 30 of the respective year. The transition quarter (TQ) for 1976 covers the three-month period, July-September 1976. (October through September). The process for obtaining H-2B certification is similar to, but less extensive and time consuming, than permanent certification.
In the case of the H-2B certification, the DOLA cabinet level unit/ministry of United States Government that has responsibility for labor issues. It has responsibility for deciding whether certain foreign workers can work in the United States. For more information, visit the U.S. Department of Labor web site. decision is only an advisory to USCIS. The certification request is made by the employer using an Application for AlienAny person not a citizen or nationalA person owing permanent allegiance to a state of the United States. Employment Certification and multiple openings of the same job and rate of pay may be on the same application. The certification is issued to the employer, not the worker, and is not transferable from one employer to another or from one worker to another. To allow time for processing delays and correction of application errors, the employer should file for H-2B at least 60 days, but not more than 120 days before the worker is needed.
Qualifying Criteria:
- The job and the employer’s need must be one time, seasonal, peak load or intermittent;
- the job must be for less than one year; and
- there must be no qualified and willing U.S. workers available for the job.
Before filing this petition the U.S. employer must first apply for a temporary labor certificationRequirement for U.S. employers seeking to employ certain persons whose immigration to the United States is based on job skills or nonimmigrantAn alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children. temporary workers coming to perform services for which qualified authorized workers are unavailable in the United States. Labor certification is issued by the Secretary of Labor and contains attestations by U.S. employers as to the numbers of U.S. workers available to undertake the employment sought by an applicantPerson who wants something for him/herself and makes a request for it (asks for it). The request is usually in writing.
, and the effect of the alienAny person not a citizen or nationalA person owing permanent allegiance to a state of the United States.’s employment on the wages and working conditions of U.S. workers similarly employed. Determination of labor availability in the United States is made at the time of a visavisa allows the bearer to apply for entry to the U.S. in a certain classification (e.g. student (F), visitor (B), temporary worker (H)). A visa does not grant the bearer the right to enter the United States. The Department of State (DOS) is responsible for visa adjudication at U.S. Embassies and Consulates outside of the U.S. The Department of Homeland Security (DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information.), US Customs and Border Protection (CBP) immigration inspectors determine admissionEntry to the United States, authorized by a U.S. immigration inspector, part of the Department of Homeland Security (DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information.). When you come from abroad and first arrive in the U.S, the visa allows you to travel to the port-of entry and request permission to enter the U.S. Admission or entering the U.S., by non-United States citizens must be authorized by a U.S. Immigration inspector at the port-of- entry, who determines whether you can enter and how long you can stay here, on any particular visit. If you are allowed to enter, how long you can stay is and the immigration classification you are given, is shown as a recorded date or Duration of Status (D/S) on Form I-94, Arrival-Departure Record, or Form I-94W, if arriving on the Visa Waiver Program. If you want to stay longer than the date authorized, you must request permission of the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS). Go to the USCIS Internet web site to learn more.
into, length of stay and conditions of stay in, the U.S. at a port of entry. The information on a nonimmigrantAn alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children. visa only relates to when an individual may apply for entry into the U.S. DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information. immigration inspectors will record the terms of your admissionEntry to the United States, authorized by a U.S. immigration inspector, part of the Department of Homeland Security (DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information.). When you come from abroad and first arrive in the U.S, the visa allows you to travel to the port-of entry and request permission to enter the U.S. Admission or entering the U.S., by non-United States citizens must be authorized by a U.S. Immigration inspector at the port-of- entry, who determines whether you can enter and how long you can stay here, on any particular visit. If you are allowed to enter, how long you can stay is and the immigration classification you are given, is shown as a recorded date or Duration of Status (D/S) on Form I-94, Arrival-Departure Record, or Form I-94W, if arriving on the Visa Waiver Program. If you want to stay longer than the date authorized, you must request permission of the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS). Go to the USCIS Internet web site to learn more.
on your Arrival/Departure Record (I-94 white or I-94W green) and in your passport. application and at the location where the applicantPerson who wants something for him/herself and makes a request for it (asks for it). The request is usually in writing.
wishes to work. from the Department of Laborcabinet level unit/ministry of United States Government that has responsibility for labor issues. It has responsibility for deciding whether certain foreign workers can work in the United States. For more information, visit the U.S. Department of Labor web site. to demonstrate that U.S. workers are not available and that wages and working conditions meet regional standards. The U.S. employer should file the Form I-129 petition with:
- Either an original single valid temporary labor certificationRequirement for U.S. employers seeking to employ certain persons whose immigration to the United States is based on job skills or nonimmigrantAn alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children. temporary workers coming to perform services for which qualified authorized workers are unavailable in the United States. Labor certification is issued by the Secretary of Labor and contains attestations by U.S. employers as to the numbers of U.S. workers available to undertake the employment sought by an applicantPerson who wants something for him/herself and makes a request for it (asks for it). The request is usually in writing.
, and the effect of the alienAny person not a citizen or nationalA person owing permanent allegiance to a state of the United States.’s employment on the wages and working conditions of U.S. workers similarly employed. Determination of labor availability in the United States is made at the time of a visavisa allows the bearer to apply for entry to the U.S. in a certain classification (e.g. student (F), visitor (B), temporary worker (H)). A visa does not grant the bearer the right to enter the United States. The Department of State (DOS) is responsible for visa adjudication at U.S. Embassies and Consulates outside of the U.S. The Department of Homeland Security (DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information.), US Customs and Border Protection (CBP) immigration inspectors determine admissionEntry to the United States, authorized by a U.S. immigration inspector, part of the Department of Homeland Security (DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information.). When you come from abroad and first arrive in the U.S, the visa allows you to travel to the port-of entry and request permission to enter the U.S. Admission or entering the U.S., by non-United States citizens must be authorized by a U.S. Immigration inspector at the port-of- entry, who determines whether you can enter and how long you can stay here, on any particular visit. If you are allowed to enter, how long you can stay is and the immigration classification you are given, is shown as a recorded date or Duration of Status (D/S) on Form I-94, Arrival-Departure Record, or Form I-94W, if arriving on the Visa Waiver Program. If you want to stay longer than the date authorized, you must request permission of the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS). Go to the USCIS Internet web site to learn more.
into, length of stay and conditions of stay in, the U.S. at a port of entry. The information on a nonimmigrantAn alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children. visa only relates to when an individual may apply for entry into the U.S. DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information. immigration inspectors will record the terms of your admissionEntry to the United States, authorized by a U.S. immigration inspector, part of the Department of Homeland Security (DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information.). When you come from abroad and first arrive in the U.S, the visa allows you to travel to the port-of entry and request permission to enter the U.S. Admission or entering the U.S., by non-United States citizens must be authorized by a U.S. Immigration inspector at the port-of- entry, who determines whether you can enter and how long you can stay here, on any particular visit. If you are allowed to enter, how long you can stay is and the immigration classification you are given, is shown as a recorded date or Duration of Status (D/S) on Form I-94, Arrival-Departure Record, or Form I-94W, if arriving on the Visa Waiver Program. If you want to stay longer than the date authorized, you must request permission of the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS). Go to the USCIS Internet web site to learn more.
on your Arrival/Departure Record (I-94 white or I-94W green) and in your passport. application and at the location where the applicantPerson who wants something for him/herself and makes a request for it (asks for it). The request is usually in writing.
wishes to work. from the Department of Laborcabinet level unit/ministry of United States Government that has responsibility for labor issues. It has responsibility for deciding whether certain foreign workers can work in the United States. For more information, visit the U.S. Department of Labor web site. (or the Governor of Guam if the proposed employment is solely in Guam), indicating that qualified U.S. workers are not available and that employment of the alienAny person not a citizen or nationalA person owing permanent allegiance to a state of the United States. will not adversely affect the wages and working conditions of similarly employed U.S. workers; or
- An original notice from such authority stating that such certification cannot be made, along with evidence of the unavailability of U.S. workers and of the prevailing wage rate for the occupationFor an alien entering the United States or adjusting without a labor certification, occupation refers to the employment held in the country of last legal residence or in the United States. For an alien with a labor certification, occupation is the employment for which certification has been issued. in the U.S, and evidence overcoming each reason why the certification was not granted; and
- Copies of evidence, such as employment letters and training certificates, demonstrating that each named alienAny person not a citizen or nationalA person owing permanent allegiance to a state of the United States. meets the minimum job requirements stated in the certification.
An employer who wishes to hire workers under the H-2B program should speak with a qualified immigration attorney since H-2B rules and procedures are constantly changing.
Connect with us!