Latest H-2B Articles

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5 Steps to Extend Your Employee’s H-2B Visa

The H-2B working visa is a nonimmigrant visa 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. The process for extending an H-2B visa is similar to the process for obtaining the original visa, the only difference is that an H2B visa holder applying for an extension is not subject to the annual cap of 66,000. This article describes 5 simple and easy steps to assist the employers of H-2B visa holders to file an extension for their employees.

Filing the H-2B Petition? Read the H-2B Filing Tips First

The H-2B visa is one of the most sought after nonimmigrant visa categories. H-2B allows foreign nationals to enter into the U.S. to engage in nonagricultural employment which is seasonal, intermittent, peak load, or a one-time occurrence. Considering the current economy and the toughness in hiring of foreign nationals; employers should take dual care in filing the petition for their employees. We understand that delays in the visa processing can often greatly impact a business, and therefore we offer these H-2B filing suggestions with the hope to educate H-2B employers with the most efficient manner to submit the Form I-129 to USCIS.

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.

H-2B Visa – Seasonal or Peak-load, Does it Really Matter?

It is very crucial for employers who wish to hire foreign nationals on H-2B visas to understand the differences between seasonal and peak-load employment. Although USCIS has provided various definitions to help both the employers and employees understand the meaning and significance of One-time occurrence, Intermittent, Seasonal and Peak-load needs, employers often get confused and fail to understand if their job need is either Seasonal or Peak-load. In this article we provide a side-by-side comparison of the Seasonal and Peak-load categories with the hope that this will help clarify the differing requirements and make the distinction easier to understand.

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?

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.

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.

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.

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.

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.

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