Navigating The H-2B Visa Requirements: A Brief Guide

Explore the requirements involved in acquiring a H-2B visa by looking at this guide. Read this if you’re an employer looking to hire seasonally or if you’re a worker looking for temporary work. You will gain understanding on the subject by doing this.

Why You Need One

Know that If you are an employer looking to hire overseas workers for temporary labor relief, then you will need your employees to qualify for a H-2B visa. Trust that this is something you need to work with them for, as they can’t do this alone. It will also depend on the nature of your work. Make sure you know that there are several U.S. work visas available. They can be immigrant or non-immigrant. The purpose of this article will be to explore the H-2B visa which focuses on the non-agricultural sector.

The Application Process

Applying as an employer on the behalf of some incoming overseas employees is important. Be aware that it can take anywhere from 120-150 days to complete. Work with an experienced team of attorneys to complete your application. 

Legal teams can help find you the right forms and fill them out on your behalf.  Follow them as they navigate the application process. Immigration law specialists Farmer Law PC can explain how to apply for a H-2B visa. Consult them to get help following steps as outlined below.

They will assist you in submitting a PWD form, which you will need to do before you can file a job order with the SWA. A PWD is short for prevailing wage determination and the SWA is the State Workforce Agency. Submit your PWD so that you can file a job order. An employer will need to submit a temporary labor certificate to the U.S. Department of Labor stating your compliance with the qualifying rules of hiring overseas.

If the employer is suitably satisfied to be certified by the Department of Labor, then they will be able to move on to applying via the U.S. Citizenship and Immigration Services. Submit the original temporary certification will be an important step. Try to supply more supporting documents.

It will be up to the USCIS to approve the H-2B visa. The Form DS-160 will need to be submitted to the U.S. Department of State with an embassy or a consulate in their home country. They will also need to seek admission upon the port of entry.

Ongoing Requirements 

Securing this visa will just be the first step. Remember that an employer has duties to be responsible for. They will need to notify the USCIS if their workers don’t show up for work or break any of the agreed terms of the visa. You need to have a legal team to work with so that they can fight on your behalf and protect your rights.

There will be ways you can find employees looking for overseas work, or you could have people in mind who you’ve worked with before. Search thoroughly so that you’re getting quality for the time you’re investing, and that you can afford the labor. 

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