Important Travel Document Information – Please Read
The H-2B program allows U.S. companies or employees to hire a national for non-agricultural occupations temporarily. A prospective worker’s employer must complete Form I-129, Petition for a Nonimmigrant Worker, on their behalf.
The spouse and unmarried children under the age of 21 of any H-2B worker may apply for H-4 nonimmigrant status. While in H-4 status, family members are not eligible for work in the United States.
The total number of noncitizens who may be issued an H-2B visa or otherwise granted H-2B status within a fiscal year is subject to a statutory numerical limit, or “cap.” The H-2B cap is currently set at 66,000 every fiscal year, with 33,000 for workers who start work in the first half of the fiscal year (October 1 – March 31) and 33,000 for employees who start work in the second half of the fiscal year (April 1 – September 30). (April 1 – September 30). Employers wanting to hire H-2B employees in the second half of the fiscal year will be able to use any unused numbers from the first half of the fiscal year. Unused H-2B numbers, on the other hand, do not carry over from one fiscal year to the next.
Once the H-2B cap has been reached, USCIS may only accept applications for H-2B workers who are not subject to the cap. See the Cap Count for H-2B Nonimmigrants Web page for more information on the current H-2B cap and workers who are exempt from it.
Step 1: Petitioner files DOL application for temporary labor certification. Before petitioning USCIS for H-2B classification, the petitioner must get temporary labor certification for H-2B employees from the U.S. Department of Labor (or Guam DOL if the employment will be in Guam). * Visit the Foreign Labor Certification, Department of Labor and Foreign Labor Certification, Guam Department of Labor websites for further information.
Step 2: Petitioner sends USCIS Form I-129. The petitioner must submit Form I-129 with USCIS after getting an H-2B temporary labour certification from DOL or Guam DOL (if applicable). The original temporary labour certification must be submitted with Form I-129 (See the Form I-129 instructions for additional filing requirements). If the temporary labour certification application was completed in DOLs FLAG system, the petitioner must attach a printed copy of the one-page electronic “final decision” with Form I-129. A printed copy of the final decision is the authorized temporary labor certification. If a petitioner submitted the initial temporary labor certification with a prior Form I-129, send a copy and include the receipt number, if available.
Step 3: Foreign employees apply for visas and/or entrance. After USCIS approves Form I-129, prospective H-2B workers outside the U.S. must: Apply for an H-2B visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad and then seek admission to the U.S. with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or Directly seek admission to the U.S. in H-2B classification with CBP at a U
In general, the USCIS may issue H-2B status for the time period specified on the temporary labour certification. For eligible employment, H-2B classification may be extended in one-year increments. Each request for an extension must be accompanied by a new, valid temporary labour certification covering the requested time. The H-2B classification allows for a maximum stay of three years.
Before applying for readmission as an H-2B nonimmigrant, a person who has held H-2B nonimmigrant status for a total of three years must leave the United States and stay outside the country for three months in a row. Time spent in other H or L classifications is also counted toward total H-2B time.
Exception: Time spent outside of the United States may “interrupt” an H-2B workers approved stay and not count toward the 3-year limit.
A Visa is required for any foreign national wishing to enter the United States. It could be a non-immigrant visa for a short period of time or an immigrant visa for a long period of time. To enter the United States, Indians must get a non-immigrant visa.
One-time occurrence — A petitioner alleging a one-time occurrence must demonstrate that the event occurred:
OR
Seasonal need – A petitioner claiming a seasonal need must demonstrate that the service or labour for which it is looking for workers is: Traditionally related to a season of the year by an event or pattern; and Recurring in nature.
Note that you cannot claim a seasonal necessity if the time period during which you do not require the service or labour is as follows:
OR
Peak load need – A petitioner claiming a peak load need must demonstrate that it: Employs permanent workers to perform services or labor at the place of employment on a regular basis; Needs to temporarily supplement its permanent staff at the place of employment due to seasonal or short-term demand; and
The employer’s regular operations will not be affected by the temporary personnel additions.
OR
The H-2B classification allows for a maximum stay of three years. Before applying for readmission as an H-2B nonimmigrant, a person who has had H-2B nonimmigrant status for a total of three years must leave the United States and stay outside the country for three months in a row.
H-1B visas are intended for skilled workers with university degrees and expertise in a certain field. If accepted, these candidates are given a three- to six-year tenure. H-2B visa holders, on the other hand, are only permitted to stay for one year, with the option of renewing for another two years.
