H-2B Visa Process

FEDERAL STATUTES THAT GOVERN THE H-2B VISA

The H-2B visa is a non-immigrant visa for temporary work authorized by the Immigration and Naturalization Service (INS) to allow the Worker to legally work at a US Company in accordance with the Immigration and Nationality Act Section 101(a)(15)(H)(ii)(b) and Code of Federal Regulations in 8 CFR Section 214.2(h)(6). AWV provides support to the US Company for labor certification application to be submitted on behalf of the US Company to the regional government agency and to the Department of Labor for approval. If the labor certification is in accordance with government regulations 20 CFR Section 621 and 20 CFR Section 655, the US Department of Labor will approve the Company's labor certification application. The INS will approve the H-2B visa application upon a finding that the employer's need is temporary and in accordance with 8 CFR Section 214.2(h)(6)(ii)(B). The INS looks to whether the temporary position is based upon a need that is a one-time occurrence, a seasonal need, a peak load need, or an intermittent need. Each H-2B worker requested in the application by the US Company will be issued visas and authorization to work in the US if they will be involved in the same services for the same period of time and in the same location in accordance with 8 CFR Section 214.2(h)(2)(ii). The H-2B visa is issued to the foreign worker by the US Department of State through their overseas Consular Offices in accordance with 22 CFR Section 41.101. AWV assists throughout the entire process of the H-2B program including coordinating the legalization process with the US Company the temporary H-2B worker and the overseas US Consulate.

VISA AND CONSULAR PROCESS

1. Labor Certification filed as early as possible beginning 120 days before the US Company's need for the H-2B Worker arises with State Workforce Agency. Labor Certification is to certify that according to the recruitment and advertising efforts of US Company that the need for temporary H2B Workers exists for US Company. The State Workforce Agency forwards same application to the US Department of Labor Regional Office in Atlanta or Chicago for final certification.

2. The Department of Labor certification is issued for all H2B Workers on approved application.
   
3. The H-2B visa application is filed with the USCIS in order that each H-2B requested by the US Company will be issued visas and authorization to work in the US.
   
4. USCIS approves H-2B visa applications for all H-2B Workers on application.
   
5. US Consulate overseas notified and appointment scheduled for interview of all H-2B applicants at the Consulate. AWV provides assistance to H-2B Workers to prepare for the interview with the Overseas Consulate Office, including DS -156.
   
6. H-2B Worker issued visa at US Consulate.
   
7. H-2B Worker enters US on valid H-2B visa to begin work at US Company.
   
8. AWV coordinates transportation for the H-2B Worker from his country to the US Company.
   
9. The H-2B worker travels to the US and is admitted to the US as a legal non-immigrant H-2B worker. The H-2B worker can work as long as the visa is valid which is usually less than 12 months.
   
10. Depending upon the individual H-2B program, AWV will assist with orientation and other services after the H-2B worker's arrival in the US.

USCIS REQUIREMENTS FOR ALL H-2B WORKERS

1. Before the H-2B Worker can begin working at the US Company, the H2B Worker must first obtain their visa at the Overseas US Consular Office.
   
2. H-2B Application can be sought for a single Worker or a group of Workers who will be processed simultaneously as long as the group begins work at the same time and at same location and the same Labor Certification is filed with the USCIS application.
   
3. The Labor Certification process requires a recruitment campaign, including advertising in local newspaper for available temporary positions.
   
4. The Company is required to obtain a labor certification verifying that the H2B Workers will not replace US Workers and will not adversely affect wages or working conditions of US Workers.
   
5. The US Company will need to show the need for the H-2B Worker is temporary and less than 12 months and based upon a peak-load, seasonal, one-time occurrence or intermittent need.
   
6. The H-2B Worker intends to work in the US temporarily and will maintain a foreign residence.
   
7. The US Company will pay the reasonable cost of return transportation for the H-2B Worker if he or she is dismissed, for reasons other than the fault of the worker, prior to expiration of the authorized period of stay.