Latest H-2B Articles

Changes in immigration that impact your life.

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How to avoid visa denials under 214(b) and 221(g)

To be refused a visa when you are not expecting it causes great disappointment and sometimes embarrassment. What does a 214(b) visa refusal mean? And what can applicants and friends do to prepare for a visa reapplication?

Seasonal businesses cannot survive without H2B temporary workers

The debate over increasing the number of workers that can be brought into U.S. through the H2B program is heating up. The demand for H2B workers has greatly outstripped the number of visas, currently 66,000, which Congress makes available each year.

H2B Visa - What impact did the DHS’ final rule have on H2B visa requirements?

Late last year, the Department of Homeland Security (DHS) published a final rule, “Changes to Requirements Affecting H-2B Nonimmigrants,” which gave the Secretary of Homeland Security the authority to publish a list of ‘designated’ countries whose residents could be beneficiaries of H-2B visas. The net effect of the H-2B final rule appears to benefit foreign nationals seeking to enter the US in H-2B status, however it will be harder to gain approval of a petition for an alien not from a country on the approved list. In this article we will discuss the additional requirements for the foreign nationals participating in the H-2B visa program who are not from a country on the list of eligible countries.

H2B Visa – Key Things Seasonal Workers Must Know

The H-2B visa is a nonimmigrant visa category which allows foreign nationals to enter into the US temporarily to engage in nonagricultural employment which is seasonal, intermittent, peak load need, or a one-time occurrence. There is an annual limit of 66,000 on the number of foreign workers who may receive H-2B status during each USCIS fiscal year. Workers already in H-2B visa status and returning H-2B workers do not count towards the cap. The article discusses all the basic details about the H-2B visa category especially if you are new to it.

H2B Visa – Determining the Prevailing Wage Rate

There is a prevailing wage requirement for all H-1B, H-2B and Permanent Labor Certification cases. Prevailing Wage is defined as the hourly wage, usual benefits and overtime, paid in the largest city in each county, to the majority of workers, laborers, and mechanics. Prevailing wages are established, by the Department of Labor (DOL) and Industries, for each trade and occupation employed in the performance of public work. The law requires that an employer pay the higher of their actual wage or the prevailing wage in the area for the offered position. Obtaining a prevailing wage determination is no longer the easy process as it was in the past. Determining the prevailing wage would include identifying a wage survey that fits your job offered and noting the wage requirements. Read out the complete article to find out how the Department of Labor determines the Prevailing Wage Rate.

H-2B Labor Certification – The First Step in the Process for Temporary Employment of Foreign Nationals in the United States

The H-2B labor certification program establishes a means for U.S. employers who anticipate a shortage of domestic workers, to bring temporary nonimmigrant foreign workers into the U.S. The H-2B visa classification requires the employer to obtain a temporary labor certification issued by the Department of Labor. In fact H-2B Labor Certification is the First Step in the Process for Temporary Employment of Foreign Nationals in the United States. The article talks in detailed about applying for temporary labor certification to employ foreign nationals to perform services for which qualified authorized workers are unavailable in the United States.

Applying for an H-2B Visa? Check H-2B Filing Tips for Smooth and Fast Visa Processing

The H-2B visa category is a non-immigrant visa which allows foreign workers to temporarily engage in seasonal or nonagricultural employment in the US. The H-2B visa process can be complicated, exhausting, and often frustrating. It is not easy to navigate the myriad of rules established by the DOL and the USCIS, and it therefore requires extreme care and attention to detail in filing all the necessary paperwork and supporting documentation. In an endeavor to provide better and more effective service to our clients and readers, we have designed this article, which will explain Office of Foreign Labor Certification’s (OFLC) H-2B filing tips.

Defining the Word Temporary for the H2B Visa Workers

The employers find it extremely burdensome and confusing to prove the temporariness of an occupation when it comes to hire foreign workers on H2B visa to meet their temporary work requirement. The temporary employment for H2B workers should not be confused with part-time employment which does not qualify for temporary labor certification. This article helps you understand the meaning of the word 'temporary' under the H2B visa program.

Working on H-2B Visa – Know the Do’s and Don’ts of the Workplace

This month’s feature article lay out many of the ‘Dos and Don’ts of the Workplace for H-2B visa holders.’ We have often come across situations where new workers lack basic understanding about how they ought to behave at the work place or at social gatherings. This especially applies to temporary H-2B workers.

H2R Visa: Returning H-2B Workers

Today, H-2B visas are in such high demand that many seasonal employers who need them are simply out of luck. H-2B visa cap is reached within no time. Often people ask question whether a returning H-2B worker is counted towards the cap. Is there is separate or different visa category for H-2B returning workers. In this article we talk about the returning H-2B workers and privileges available to the returning H-2B worker.

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