1. What is the H-2B visa?

The H-2B visa is a type of nonimmigrant visa that allows foreign nationals to temporarily come into the United States for a specific purpose. It is most commonly used by employers to fill temporary or seasonal jobs in the hospitality, construction, landscaping, and food service industries. The program is designed to ensure that U.S. businesses can find the needed workers, while protecting U.S. workers from being displaced by foreign workers.

2. What jobs qualify for the H-2B visa program?

The H-2B visa program is for temporary non-agricultural work and typically covers jobs in the hospitality, construction, and landscaping industries. Examples of specific jobs that qualify for H-2B visas include cooks, waiters, housekeepers, bartenders, janitors, gardeners, groundskeepers, construction workers, painters, plumbers, electricians, and loggers.

3. How long is an H-2B visa valid for?

An H-2B visa is typically valid for a maximum of three years.

4. How many H-2B visas are allocated each year?

The number of H-2B visas allocated each year is capped at 66,000.

5. What is the process for obtaining an H-2B visa?

A prospective employer must first file a petition on behalf of the prospective employee with U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, the prospective employee can apply for a visa at a U.S. Embassy or Consulate outside the United States. Applicants must provide proof of their employment, such as a copy of the petition approval, to the consulate or embassy during the visa application process. The consulate or embassy will then make a determination of whether to issue the visa based on the information provided.

6. What documents are required to apply for an H-2B visa?

To apply for an H-2B visa, you will need to provide the following documents:

• Passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the United States.

• Nonimmigrant Visa Application, Form DS-160 confirmation page

• Application fee payment receipt, Form I-129 and supporting documents

• One photograph meeting the requirements for a US visa

• Evidence of a valid job offer or labor certification from the Department of Labor

• Evidence that you meet the qualifications for the job

• Documents issued by the US government or any US state or local government proving that you are not seeking entry into the United States for reasons prohibited by law.

7. How much does it cost to apply for an H-2B visa?

The cost of applying for an H-2B visa varies depending on the specific circumstances of the applicant and the U.S. embassy or consulate at which the application is submitted. Generally, the cost includes an application fee, a visa issuance fee, a biometrics fee, and any other necessary fees associated with the application process. Additionally, the employer is typically required to pay for the worker’s travel expenses.

8. What type of sponsors are required for the H-2B visa program?

Employers who are looking to sponsor H-2B visas must demonstrate that they have a need for foreign national non-agricultural labor and that there are not enough U.S. workers willing and able to do the job. Sponsors must also be willing to pay the prevailing wage as determined by the U.S. Department of Labor and meet all other Immigration and Naturalization Service (INS) requirements.

9. Is it possible to change or extend an H-2B visa while in the U.S.?

Yes, it is possible to extend or change an H-2B visa while in the U.S. The process for extension or change is very similar to that for obtaining an H-2B visa. The individual must file an I-129 Petition for Nonimmigrant Worker with U.S. Citizenship and Immigration Services (USCIS). The petition must be accompanied by the appropriate supporting documents and evidence of eligibility. The USCIS will review the petition and make a decision on whether to grant the extension or change.

10. Are there any restrictions on what type of work I can do on an H-2B visa?

Yes, H-2B visas are restricted to certain types of temporary, seasonal, peak load and irregular work like resort and hospitality, timber harvesting, construction labor, and landscaping services. Other types of work such as long-term employment or permanent positions are not allowed with an H-2B visa.

11. Can I bring my family members with me when I come to the U.S. on an H-2B visa?

No. H-2B visas are only for temporary non-immigrant work. Your family members cannot accompany you on this visa. They would need to apply for the appropriate visa in order to be able to enter the U.S.

12. Can I change my job while I am in the U.S. on an H-2B visa?

Yes, you can change your job while you are in the U.S. on an H-2B visa, but you must first obtain permission from USCIS to do so. You must petition for a new H-2B visa at the same time. The new job must be similar to the job specified in your existing H-2B visa.

13. Do I need a lawyer to help me with the H-2B visa process?

No, you do not need a lawyer to apply for an H-2B visa. However, it is strongly recommended that you consult with a knowledgeable immigration attorney about your specific situation before submitting your application. An experienced attorney can review the particular facts of your case and provide you with more detailed advice on how to successfully petition for an H-2B visa.

14. Does the employer have to pay me a certain wage while I am working on an H-2B visa?

Yes, the employer is required to pay you the same wage they would pay a U.S. worker for the same job and work location. Any wages paid to an H-2B worker must also meet or exceed the prevailing wage for the occupation in the area of employment.

15. Do I have to have health insurance while in the U.S. on an H-2B visa?

No, you do not need health insurance to be in the U.S. on an H-2B visa. However, it is highly recommended to have health insurance for your own protection in case of an emergency or illness.

16. How does USCIS Premium Processing work for H-2B visas?

USCIS Premium Processing is an expedited service that allows employers to pay an additional filing fee of $1,440 to have the H-2B visa application process expedited. Once USCIS receives the application, they will issue a decision or request for additional evidence within 15 days. This fee does not guarantee approval, but rather the expedited processing of the application.

17. Are there any fees associated with USCIS Premium Processing for H-2B visas?

Yes, there is a fee associated with USCIS Premium Processing for H-2B visas. The fee is currently $1,440.

18. Is it mandatory to use USCIS Premium Processing for H-2B visas?

No, it is not mandatory to use USCIS Premium Processing for H-2B visas. USCIS Premium Processing is an optional service for applicants who want their H-2B visa applications to be processed more quickly.

19. What is the turnaround time for applications filed using USCIS Premium Processing for H-2B visas?

The typical turnaround time for applications filed using USCIS Premium Processing for H-2B visas is 15 calendar days.

20. Are there any other benefits associated with USCIS Premium Processing for H-2B visas?

Yes, USCIS Premium Processing for H-2B visas offers the following benefits:

1. Guaranteed 15-day processing time.
2. Access to expedited customer service, including a dedicated 1-800 number for inquiries.
3. An online case status checker to track your application’s progress.
4. Increased flexibility for employers to adjust their workforce if needed.
5. Increased job security for employees since they can be hired and start working right away.