Going through the application process can be intimidating for those looking to apply for an H2B visa. This is especially true if you need more knowledge of the details and specifics of what’s expected.
But there is no reason to let fear prevent you from reaching your goals. With a few easy steps and tips from our guide, anyone can learn how to fill out their H2B Visa Application confidently. Take some time to review our key pointers so that you won’t miss any essential information.
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What is an H-2B Visa?
The H-2B visa program provides an opportunity for employers across the United States to employ non-agricultural workers from certain countries in a temporary capacity. Regulations stipulate that this type of visa has limited terms – depending on justification, up to three years with extensions available by one-year increments until reaching its limit. Consequently, businesses can draw upon these foreign laborers and adjust their presence accordingly.
Spouses and unmarried children under 21 years old of these workers can come to the U.S. with them by applying for H-4 visa status. However, the H-2B visa holders and their family members who come to the United States with them cannot apply for permanent residency as the H-2B visa is not an immigrant visa. To comply with the visa requirements, non-immigrants must leave the U.S. every three years and stay outside the country for at least 90 consecutive days.
Qualification Requirements
The H-2B visa program allows foreign nationals to work in the United States, but employers must apply for the visa on the workers’ behalf. To qualify for this program, an employer must prove that they couldn’t find enough qualified U.S. workers. They also need to show that the employment of foreign nationals won’t hurt similarly situated U.S. workers’ wages or working conditions.
The employer also needs to demonstrate that they have a temporary, one-time need for the prospective workers due to seasonal fluctuations in workload or peak business times. The H-2B visa does not apply for long-term employment purposes. So, before applying, the employer should ensure they have met all the required qualifications.
Application Process
To complete the H-2B application process, several steps take around 120-150 days. Therefore, employers often opt for an experienced legal team to guide them through these steps:
- Labor Certification
- Prevailing Wage Determination
- Entry Application
- Form I-129
Ongoing Requirements
As an employer, you must be aware of ongoing requirements you need to fulfill. For example, you must notify the USCIS within two working days if any of your H-2B visa holders fail to report to work on time or leave employment without notice.
Additionally, if your worker finishes their job more than 30 days before the expected completion date, you must also notify USCIS. These ongoing requirements may seem like a hassle, but they are necessary to ensure the program’s integrity and protect workers and employers.
Correctly Filling Out The H2B Visa Application: Wrap Up
Filling out an H2B Visa application correctly is no easy task due to the sheer amount of paperwork and documentation needed. With that said, hopefully, you have a better understanding of filling out the application and successfully getting it submitted. It’s essential to take your time filling out the application and read over it multiple times to correct every detail.
Some resources can offer additional information if you have any troubles along the way. Don’t be afraid to ask for help from trusted professionals if necessary – even though this process can seem overwhelming, these small steps will ensure your H2B visa application is relatively stress-free. All these steps before submitting should make for a successful submission.
