|
This visa enables foreigners to enter the US for temporary/one time engagements. Terms such as seasonal business, one-time requirement and peak load define the nature of engagements that qualify for H2B Work Visa. H2B visa is specific to the job from a particular employer.
How to Apply For H2B Visa (Work Visa)
The employer who is an individual/partnership firm/association of persons/authorized agent is required to file a petition for temporary nonimmigration labor certification. The onus is on the US employer to prove the temporary nature of the employment.
The employer is required to file the petition at least 60 days but not more than 120 days from the time the employee is needed. On acceptance of the petition and certification the regional administrator will inform the employer about the same. If the same is not accepted it will be informed within seven days from the date of receipt of application.
Where the application is made from the US it should be submitted to USCIS and where it is made from outside the US to the US consulate.
Eligibility For H2B Visa (Work Visa)
- To qualify for a H2B visa nature of employer’s requirement is significant and not the job as such, because even for a permanent position there could be temporary requirement.
- You should have a valid job offer in the US.
- Intention to return to the foreign country should be established.
- The assignment time frame should not be more than a year.
Length of Stay and Extension For H2B Work Visa Holders:
H2B Work Visa is valid for 1 year. An extension of stay for a period of 2 years is granted provided the employer has sufficient reason and assures temporary nature of employment. The stay under H2B visa (Work Visa) can be for a maximum of 3years. It does not impose any travel restrictions from and to the US.
H2B visa enables you to take your dependents along with you under H4 visa. Dependents can study without applying for a F1 visa but they are not allowed to work in the US.
You are allowed to study under this visa, but you cannot take up a full time course as under F-1.
H2B Visa (Work Visa) Holders Whether Qualified to Apply for other Visas & Citizenship:
H2B Work Visa enables you to file for a change of status. Where the change of status is pertaining to a new job offer the employer company should file a petition on your behalf.
You can make a Green Card application in your H2B Work Visa status. Under the Family Based Immigration setup any of your close relatives who either US citizens or permanent residents can file a petition for you.
In which case your H2B Visa (Work Visa) Application will be rejected:
- Where the application has not been filed in time.
- Recruitment conditions not met by the employer.
- Where the regional administrator is of the opinion that the employer has violated H2B Work Visa conditions in the previous years.
- Where US citizens are rendered jobless because of such recruitments.
- US workers job and wages have been affected consequent to such application.
- Compensation requirements of workers not adhered to.
Conclusion of H2B Visa
The following aspects should be carefully understood while applying for H2B visa. They are as follows:
- Compensation Insurance for workers should be provided by the employer.
- Employer is required to guarantee work for at least 75% of the contract period.
- It is to be assured by the employer such recruitments are not because of labor disputes.
- It is the duty of the employer to provide all the materials required to perform the said job.
- Housing and food arrangements for workers who cannot return home the same day of work should be provided by the employer.
|
