1. What is an H-2B Visa?

An H-2B visa is a temporary, non-immigrant visa issued by the United States government for foreign nationals to work in specialty occupations or seasonal or peak load needs. These visas are typically issued in six-month increments and can be renewed for up to three years. To qualify, the employer must prove that the position requires a special skillset that is not readily available in the American labor market. Applicants must also demonstrate that they have the required qualifications and experience to do the job.

2. What is the difference between an H-2A and an H-2B Visa?

An H-2A visa is a temporary agricultural work visa that allows foreign nationals to enter the U.S. to perform agricultural labor or services of a temporary or seasonal nature. An H-2B visa is a temporary non-agricultural work visa that allows foreign nationals to enter the U.S. to perform labor or services of a temporary or seasonal nature.

3. How do I apply for an H-2B Visa?

In order to apply for an H-2B visa, you must first obtain a job offer from an employer in the United States. Once you have been offered a job, the employer must file an H-2B petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include evidence that your employment in the U.S. is temporary and that the job requires a specific set of skills or experience that you possess. Once USCIS approves the petition, you can then apply for the visa at a U.S. Embassy or Consulate in your home country.

4. How long does it take to get an H-2B Visa?

The processing time for an H-2B visa can vary depending on the individual case. Generally speaking, it can take anywhere from 3 to 6 months for the application to be processed and for a decision to be made.

5. What are the requirements for an H-2B Visa?

The requirements for an H-2B Visa are the following:

1. The visa applicant must have a valid job offer from a U.S. employer in a temporary or seasonal non-agricultural position.

2. The applicant must show that he or she is qualified to do the job and is coming to the U.S. temporarily, with no intention of permanently residing there.

3. The employer must demonstrate that there is a shortage of available U.S. workers to fill the job position and that the wages and working conditions of similarly employed U.S. workers will not be adversely affected by the H-2B worker.

4. The employer must file a Labor Condition Application (LCA) with the Department of Labor and obtain certification for the H-2B position prior to filing the Form I-129 petition with United States Citizenship and Immigration Services (USCIS).

6. What documents do I need to apply for an H-2B Visa?

In order to apply for an H-2B Visa, you will need to submit the following documents:

1. Form I-129, Petition for Nonimmigrant Worker;

2. A valid labor certification from the Department of Labor;

3. Evidence that you are qualified to perform the job described in the labor certification;

4. A valid passport and any other travel document required by your country of origin;

5. Evidence that you have sufficient funds to cover your stay in the United States;

6. Two passport-style photos; and

7. A completed application fee payment form.

7. Is there a fee for an H-2B Visa?

Yes, there is a fee for an H-2B Visa. The fee for the petition is $460 and the fee for the visa application is $190.

8. How long is an H-2B Visa valid for?

The maximum validity period for an H-2B visa is three years.

9. Are there any restrictions to being on an H-2B Visa?

Yes, there are restrictions to being on an H-2B Visa. Some of the restrictions include:
* You must be sponsored by a US employer who has been approved by the US Citizenship and Immigration Services (USCIS).
* You must have a specific job offer with specific terms and conditions that have been determined ahead of time.
* You must stay employed in the specific job you were offered for the duration of your visa.
* You cannot change employers or the terms of your employment without applying for a new visa from your home country.
* You cannot receive direct payment from US entities or individuals, including family members.
* You cannot stay in the US for more than three years at a time.
* You cannot bring family members with you on an H-2B visa.

10. How do I extend my H-2B Visa?

You must apply to extend your H-2B visa at least 45 days before it expires. The process is similar to the one used to obtain the visa in the first place. You must submit the same Form I-129, required documentation, and any fees required to the U.S. Citizenship and Immigration Services (USCIS). Once your extension request is approved, you may continue your employment for the length of time specified on your approval.

11. Can I change employers while on an H-2B Visa?

No. An H-2B visa is valid only for the specific employer and job indicated on the visa. If you wish to change employers, you must first contact the U.S. Citizenship and Immigration Services (USCIS) to apply for a new H-2B visa.

12. Can my family come with me on an H-2B Visa?

No, family members are not eligible to accompany you on an H-2B visa. They will need to qualify for their own visa if they wish to come to the United States.

13. What is the premium processing fee for an H-2B Visa?

The premium processing fee for an H-2B Visa is $1,440.

14. Can I bring my pet with me on an H-2B Visa?

No, you cannot bring pets with you on an H-2B Visa.

15. Can I work in other states with an H-2B Visa?

No, the H-2B Visa is a limited visa type, and it is only valid for the state or region for which it was issued. You may not use an H-2B Visa to work in another state or region.

16. Can I start my own business while on an H-2B Visa?

Yes, you can start your own business while on an H-2B visa. However, it is important to note that the business must not interfere with your primary job. Additionally, you must not use any resources of your employer to operate your own business.

17. What kind of jobs can I do on an H-2B Visa?

H-2B visas are for temporary, non-agricultural work. Common jobs include forestry, landscaping, hospitality, construction, and food service. It is important to note that the H-2B program is highly regulated and that employers must demonstrate a need for temporary workers and the salaries and benefits they offer must meet certain standards.

18. Is there a cap on the number of available H-2B Visas each year?

Yes, there is a cap on the number of available H-2B Visas each year. The cap is set at 66,000 visas per year, with 33,000 available in the first half of the fiscal year and 33,000 available in the second half.

19. Are there any additional fees for the employer for hiring under an H-2B Visa program?

Yes, employers are required to pay a number of fees associated with hiring an employee under the H-2B visa program. These include the employer’s attorney fees, the filing fees for filing the labor certification, the recruitment and advertising costs, and the USCIS filing fees. Additionally, the employer must provide housing and meals to the employee, or reimburse reasonable related expenses.

20. How soon after receiving my H-2B Visa can I start working in the United States?

You can only begin working in the United States after your visa has been approved and you have entered the country. Depending on your employer’s application process, this could take anywhere from several weeks to several months.