H2B Visa (Work Visa)

USA H2B Visa is a non-immigrant work visa that allows companies to take into service non-immigrants on a temporary basis to take up any work or service that is non-agricultural in nature in the United States of America. This work visa is of a temporary basis, that is; one-time, seasonal need, peak-load or intermittent need. This visa mandates the company or the employer to attest and submit a wage document of the employee to the Department of Labor mentioning that the wage is equivalent to or is more than the basic wage of a H-2B non-immigrant employee.  

Requirements

To apply for a USA H2B Visa, one must possess a valid passport from the country the applicant belongs to. Besides this, the applicant must also hold a temporary job offer or seasonal job offer of employment that falls into the category of one-time occurrence, peak load, intermittent or seasonal need. Additionally, the employer is mandated to give out a reason to the US government that a US citizen is not deemed appropriate to take up the particular job position in his view. Another requirement is that the applicant must undergo few health check-ups and character requirements.

Eligibility criteria

The eligibility criteria for USA H2B Visa answers that the employer must establish and fulfill the following details before giving away the visa that;

-- There are no sufficient and appropriate US citizens who are capable of, keen, competent and accessible to perform the temporary work.

-- The immigrant employed on H2B Visa and the wages paid to him/her are same as other US workers and that the working environment is appropriate as the citizens.

-- The non-immigrant worker whom the employer has hired for service or labor is temporary irrespective of the temporary or permanent nature of the job opening. The need of the employer hiring a non-immigrant is regarded temporary if the visa is a one-time occurrence, seasonal need, peak load need or intermittent need.

Application process

The application process of USA H2B Visa is as follows;

Step 1: The applicant needs to submit a temporary labor certification to the Department of Labor. Before filing an appeal for H 2B Visa from USCIS, it is necessary for the applicant to file for and receive the temporary labor certificate for H-2B workers from the DOL.

Step 2: Submitting Form I-129 to USCIS. The employer has to file Form I-129 with USCIS after obtaining a temporary labor certification of H 2B visa employment from the Department of Labor.

Step 3: Prospective workers working and residing outside the United States can apply for visa. Once the USCIS has approved Form I-129, immigrants of H 2B workers residing outside United States must

A.  File an application with the US Department of State for a H 2B visa at the US Embassy or Consulate abroad, followed by admission into United States with US Customs and Border Protection (CBP)

B.  Straightly apply for admission to the United States via H 2B visa classification with the customs and border protection.  

Supporting documents required

The following supporting documents are required for USA H2B Visa.

  1. The requirement of the company giving away H2B Visa clearly means that the job post requires importing immigrants of other country. For this, the employer or the company has to submit a letter from the State Employment Agency explaining that there is no adequate skilled labor in United States for that particular job; hence, people have to be imported for the same. The company can submit this letter to the State Employment Agency only when they haven’t found a US citizen fit for the particular job.
  2. As soon as the company is handed over the permit letter, the employer can gain visa for the non-immigrant to enter United States
  3. An authenticated passport of the applicant
  4. Current visa copy
  5. Proof of Residence of the applicant via an official residential address from the home country
  6. A job letter from the US employer
  7. The employer needs to provide an evidence and assurance to the US government that the basis of employment of the non-immigrant is temporary and that he/she will return to home-land upon completion of the work.
  8. The applicant has to have bank account statements, own property and share holdings to show to the US employer that s/he has a firm social and financial background. This serves as an assurance to the visa officer that the non-immigrant will return to his home land.  

Fee

The USA H2B Visa application non-refundable fee is $190.

Application form

To apply online for USA H2B Visa, fill the online Form DS-160 and then upload a digital photo. Take a print copy of the form when attending the interview.

Rejection reasons

The USA H2B visa is given to non-immigrants to work in non-agricultural departments temporarily in the US. The applicant has to file for such type of visa if he wishes to work in the US. There are chances that the visa might be accepted, nonetheless; the visa can be rejected for the reason the Visa department deems right. USA H2B Visa can be rejected on the following grounds:

1. Time of filing the application

It is appropriate if the sponsor files the applicant’s application. The company or the employer should apply for a request for visa between 60 to 120 days from the time of job opening. Non-immigrants are given work-visa under four situations i.e.

  • One-time visa
  • Seasonal occurrence
  • Peak-load work
  • Intermittent need

If the sponsor fails to give a genuine reason behind hiring a H2B immigrant, chances are likely that the visa is rejected. The company must be authorized and genuine and must be able to pay wages to the immigrant. When any doubt comes to the notice of the consular office regarding the situation of the company, the immigrant’s visa might be rejected.

2.  On hand US citizens for the job opening

When US citizens are available and competent enough to work for the job opening, the applicant’s USA H2B Visa might be rejected.

3. Breach of H2B Visa earlier

USA H2B Visa can be rejected when the consular discovers the applicant’s past record of visa rejection earlier.

4.  Denial under section 214(b)

The applicant’s visa can be refused on the grounds that the consular officer discovers the applicant’s bond with the United States too strong which makes him doubt the former being a non-immigrant. Likewise, when the officer discovers the weak bond of the applicant with his country and that he has planned to stay in the United States itself, chances are high that the visa may be rejected under section 214(b).

How long can one stay or extension with this visa

The application for extension of USA H2B Visa should be filed by the company or the employer with a justification for extending the visa. By taking the following points into consideration, the applicant’s visa can be granted extension.

Step 1: It is very important for the company to know if the applicant is eligible in terms of work for the extension or not. If the applicant meets the eligibility criteria, then extension of stay can be granted for one year per extension application.

Step 2: By cautious planning, the action of submitting Form  ETA 750A to State Workforce Agency should be done not before 120 days or after 45 days prior to expiry of visa.

Step 3: Next step is to wait for the Department of Labor to grant you a Foreign Labor Certification on behalf of your company.

Step 4: Fill and submit the Form I-129, Petition for Non-immigrant Worker to the USCIS with the application fee.

Step 5: Now, all the paperwork is done and you just have to wait for the USCIS to grant you extension. This is done by USCIS by sending the applicant Form I-179 Approval Notice.  

This Visa holders whether qualified to apply for other visas or citizenship

The applicant can file for Green Card whilst holding a USA H2B Visa. The immigrant status can be achieved through Family Based Immigration. The close relatives of the applicant who hold a permanent residence of US can place a request on the applicant’s behalf as beneficiary.

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