What is the H2B Visa?

The H2B Visa is very popular, and it’s one of the visas that are very often chased by foreigners. It brings different benefits, and people who own one have opportunities that not all nonimmigrants have. However, getting your hands on one is not exactly easy. Learn everything you need to know about this visa in this article and see if you need to apply for one or not.

H2B Visa

An H2B visa nonimmigrant program allows an employer to temporarily hire foreign workers. These foreign workers are then able to come to the U.S. and engage in various labor or nonagricultural services for a temporary amount of time. This could be a one-time thing only or be on a peak load, seasonal or intermittent basis.

The employer seeking temporary nonagricultural workers has to prove to the Department of Labor that it is going to offer a wage either equal or higher than the highest of the prevailing wage, the State minimum wage, the local minimum wage, or the applicable Federal minimum wage to the foreign worker.

Difference from the H2A Visa

Just like the H2B visa, an H2A visa is meant to bring foreign workers into the U.S. for a temporary period. Unlike the H2B visa, though, the H2A one is for agricultural jobs instead of nonagricultural.

Who Is Eligible for an H2B Visa?

Before one applies for an H2B visa, it has to be established that only certain applicants are eligible for this visa. Certain criteria will determine whether a petitioner qualifies for the H2B visa or not.

In order to be eligible, a petitioner has to establish that hiring H2B workers is not going to have any negative effect on the wages of the U.S. workers employed similarly. Also, it shouldn’t affect their working conditions. Moreover, the petitioner needs to establish that there are not enough workers in the U.S. who are able, qualified, available, or even willing to take this job. Lastly, it must be established that the need for these services or labor is only for a temporary period, whether the underlying job is described as being a temporary one or not.

When exactly is the employer’s need considered temporary, though? Well, the following situations are considered temporary:

Intermittent Need

If the petitioner is claiming an intermittent need, he/she has to prove that no workers have been employed full-time or permanently to perform the labor or services. Also, he/she must show evidence that they intermittently or occasionally need temporary workers for labor or services for a short period.

Peak Load Need

A petitioner can also claim peak load, but in order to do so, he/she has to show that the temporary staff additions will not become part of the regular operation of the employer. Also, proof that they need to add someone else temporarily to the staff is necessary due to a short-term or seasonal demand. Lastly, the petitioner has to show that he/she is regularly hiring permanent workers in order to perform the labor or services at the employment place.

Seasonal Need

Petitioners with seasonal needs have to prove that the labor or service for which they need workers is either

• Unpredictable
• of a recurring nature
• subject to change
• tied traditionally to a season of the year by either pattern or event
• or considered a period of vacation for permanent workers.

One-Time Occurrence

When a petitioner claims a one-time occurrence, they must prove that they have not hired any workers to perform the labor or service before and that they will not need these workers for these services in the future. Additionally, they must show that they have an employment situation that is considered permanent, but they made an event of a temporary period that has brought the need for a temporary worker.

Required Documents for an H2B Visa

In order to obtain the H2B visa, certain documents are necessary, such as:

• Passport
• Filing fees
• DS-156, the Non-Immigrant Visa application form
• DS-157, the supplemental Non-Immigrant visa application (this is for males between 16 and 45 years old)
• Passport-size photographs
• Proof that you intend to leave the United States at the expiration of your H2B visa
• Notice of approval for H2B visa or Form I-129

However, you must be aware that DS-160 serves as the replacement for DS-156 and DS-157 online.

How to Apply for an H2B Visa

There are some steps to go through when you apply for an H2B visa. Here are the instructions:

1. Submitting Temporary Labor Certification Application to DOL

The first thing you will have to do is apply for a temporary labor certification for H2B workers with the U.S. Department of Labor or Guam DOL and wait for the approval. This has to be done before you request H2B classification from USCIS.

2. Submitting Form I-129 to USCIS

Once you get the temporary labor certification for your H2B employment, you have to file Form I-129. It must be filed with USCIS. There are some limited exceptions but usually, the petitioner has to submit the original certification document together with Form I-129.

Meanwhile, in the event that the certification was processed using DOL’s FLAG system, the person applying has to add a printed copy of the electronic “final determination”, which is part of the H2B temporary labor certification approval. In general, USCIS is going to take into consideration the printed copy of the final determination, together with the approved temporary labor certification.

If you already submitted the original document of the temporary labor certification with a Form I-129 in the past, then you also have to send a copy of the original certification. On top of that, you need to provide an explanation that also includes the receipt number from the petition you filed the original with.

3. Applying for the Visa and/or Admission

When the I-129 is approved by USCIS, the prospective H2B workers abroad have to take certain actions. These include seeking direct admission to the U.S. in H2B classification with CBP at the port of entry of the U.S. This is what you should consider when the H2B visa is not necessary. The petitioner should also apply for an H2B visa with the DOS at the U.S. Embassy or Consulate available for them abroad. Then, they have to try to get admitted into the U.S. at the port of entry with U.S. Customs and Border Protection.

H2B Visa Cost

The person applying for the visa has to pay the Machine Readable Visa fees, and this happens when they are visiting the Embassy to take the interview. 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. Also, the fee for the Machine Readable Visa is non-refundable and will be used to process the application of the petitioner.

H2B Visa Processing Time

It usually takes between 60 and 120 days to process these visas. If you submit on 1^st January, then you will get the visa so you can start working in the U.S. starting from June. So, it doesn’t take that long for the visa to be processed.

Conclusion

An H2B visa can help certain nonimmigrants get temporary jobs. So, it’s important to know what it involves if you were planning to apply for one. Hopefully, this article helped clarify everything and you can now apply for this visa.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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