H-2B Visa

The first step to an approved H-2B visa is the employer submission of a Wage Request with the National Prevailing Wage Center (NPWC).

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The H-2B program allows U.S. employers to employ foreign nationals in temporary non-agricultural jobs.

TO QUALIFY, EMPLOYERS MUST ESTABLISH THAT THE NEED FOR LABOR IS TEMPORARY.

One-Time Occurrence

The employment is permanent, but a temporary event of short duration has created the need for a temporary worker, and workers have not been employed to perform the services in the past or future.

Seasonal Need

The period requesting H-2B workers is traditionally tied to a season of the year by an event or pattern of a recurring nature.

Peak Load Need

Workers are regularly employed in the same position, but a temporary supplement to its permanent staff is needed due to seasonal or other short-term demand, and the temporary H-2B workers will not become part of the employer’s regular operation.

Intermittent Need

The employers do not have permanent or full-time workers to perform these same services and occasionally or intermittently need temporary workers to work for short periods.

H-2B APPLICATION PROCESS

1. Employer Preparation
   Employers should work with an attorney to develop a job description and duties for the best likelihood of success and to determine the appropriate filing season.
2. Obtain Prevailing Wage
   Employers must request and obtain a prevailing wage determination (PWD) from the OFLC National Prevailing Wage Center (NPWC) before filing an H-2B application. Employers are encouraged to file at least 60 days before the determination is needed.
3. Submit Job Order
   The employer must file a job order with the Department of Labor (DOL) on the first day of the filing window (January or July). This job order includes details about the job requirements, wages, and other relevant information.
4. Begin Recruitment Efforts
   Once the Notice of Acceptance (NOA) is received, the employer must conduct recruitment efforts to find available U.S. workers for the position. This may include advertising the job, interviewing U.S. applicants, and documenting the recruitment process.
5. Labor Certification
   Once the recruitment process is completed, the employer can submit a temporary labor certification application to the DOL. The application includes proof of recruitment efforts and other required documentation.
6. File I-129 Petition for Nonimmigrant Workers
   Once the Temporary Labor Certification is approved by the Department of Labor (DOL), the employer can submit Form I-129, Petition for a Nonimmigrant Worker, to the USCIS. This form should be submitted with the required supporting documents, including the approved labor certification.
7. Consular Processing
   Once the petition is approved, the foreign worker can apply for the H-2B visa at a U.S. embassy or consulate in their home country. They must provide the Notice of Action (Form I-797), a valid passport, and other required documents.
8. Arrival in the U.S.
   Once the visa is issued, the worker can enter the U.S. and work for the employer. It’s essential to adhere to the terms and conditions of the H-2B visa.

TYPICAL H-2B TIMELINE

The processing time for an H-2B varies but generally ranges from several months to over a year, depending on factors such as USCIS processing times and the case’s complexity.

01 Employer’s Application

The employer applies for a temporary labor certification (TLC) from the Department of Labor (DOL) to demonstrate the need for foreign workers, a process that takes several weeks to months.

02 Employer’s Petition to USCIS

After receiving the TLC, the employer files Form I-129 with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. USCIS reviews the petition, with processing times ranging from weeks to months.

03 Visa Application

After receiving the TLC, the employer files Form I-129 with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. USCIS reviews the petition, with processing times ranging from weeks to months.

Consult with an expert immigration lawyer to ensure successful H-2B approvals.

It’s essential for both the employer and the foreign worker to ensure they meet all eligibility criteria, provide accurate information, and adhere to legal requirements throughout the application process to increase the chances of a successful H-2B visa application. Working with attorneys gives peace of mind that applications and paperwork are completed correctly. Our team also assists with employment forms once workers arrive in the U.S. Most importantly, our recruitment services guarantee a fraud-free immigration and employment process.

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Additional Resources

• U.S. Citizenship and Immigration Services (USCIS)
  USCIS H-2B Visa Information
• Department of Labor (DOL)
  DOL H-2B Visa Information