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Frequently Asked Questions


 

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Here, you will find many of most common immigration problems.

 

H-2B Visa Program

  1. I have a small restaurant which faces severe worker shortage during summer. Can H-2B visa program help me?

    Yes. The H-2B visa program allows you to supplement your existing labor force with temporary foreign workers. Businesses experiencing peak load, seasonal or intermittent increases may make use of this program.

  2.  

  3. Please clarify the difference between seasonal and peak-load. We have a landscaping business, which requires more workers in the spring, summer, and fall. Are we seasonal or peak-load?

    Your need is seasonal. If your business need for additional employees varies throughout the year, your need for the services to be performed would be peak-load.


  4. What is the responsibility of the employer in establishing 'temporary need' for H-2B workers?

    The employer has the burden of establishing that the need for H-2B workers is temporary and is either a one time, seasonal, peak load, or intermittent need in his/her application. Documentation might include contracts, payroll, lists of projects and timeframes, as well as narrative explanations.
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  6. Is an H-2B work visa issued only for temporary jobs?

    The nature of the job itself is irrelevant. What is relevant is whether the employer's need is truly temporary. In some situations, the employer's need may create a temporary job opportunity in an employment situation which may otherwise have been permanent in nature.

    Note: A temporary job opportunity could be created because the incumbent (who holds the position of permanent factory foreman) was injured or is otherwise unavailable for a period of less than one year, or additional workers are needed during a busy period. The temporary period must have a clear ‘beginning’ and ‘end’.
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  8. Who can be an H-2B visa employer?

    A U.S. employer may be an individual proprietorship, a partnership, a limited liability company, or a corporation. An association of employers may file as a sole employer, a joint employer with its members, or as an agent of its members

    Note: An authorized agent, whether an individual (e.g., an attorney) or an entity (e.g., an association), may file an application on behalf of an employer. Associations may file master applications on behalf of their members
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  10. Are there any specific dates or seasons when ExpressH2B provides seasonal workers?

    Though workers are available year-round, ExpressH2B helps you determine the ideal time period for which you should apply for the temporary labor certification.
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  12. Is it possible for the workers to stay in the U.S. for more than 10 months?

    Generally, the employer's need must be for one year or less, although there may be extraordinary circumstances where the temporary services or labor might last longer than one year. However, an employer's seasonal or peak-load need of longer than 10 months, which is of a recurring nature, must be clearly supported by compelling evidence.
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  14. I have some men who work for me but are out of status. Can you help me?

    The fact that a worker has stayed longer than the period of time for which they were granted admission, or they entered the U.S. illegally, will have a negative effect on their ability to get other benefits or to return to the U.S. at a later time. If they fall out of status, we recommend that they leave the U.S. as soon as possible to avoid, or at least minimize, the possible impact on their ability to come back to the U.S. at a later time. If they have been out of status for longer than six months then they will be subject to the bar and must remain outside the U.S. for the required number of years before trying to come back, or they must get a waiver.
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  16. How many times can a worker come back to the U.S. on H-2B program?

    There is no limit on the number of times a worker can come to the U.S. on an H-2B visa. Additionally, for FY 2007 “returning workers,” means workers who were counted against the H-2B annual numerical limit of 66,000 during any one of the three fiscal years preceding the fiscal year of the requested start date. This means that for a petition with a work start date after October 1, 2006 (FY 2007), the worker must have been previously approved for an H-2B work start date between October 1, 2003 and September 30, 2006.
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  18. When do I get in touch with ExpressH-2B to discuss my seasonal employment needs?

    To allow for the lengthy procedures by the DOL and USCIS, we strongly advise to start the process at least 5 months prior to the anticipated arrival date of your workers.

 

 

Recruitment

  1. Will I get workers who are good enough to work for me?

    ExpressH2B identifies suitable workers who fit your workplace. Together with our international recruiting partners we select and hire the best workers for your company.

  2.  

  3. Can I interview workers who will come and work for me?

    Yes, ExpressH2B helps you recruit foreign workers inside or outside the U.S. in coordination with our international recruiting partners and arranges for an interview session with the workers who have been selected by us. We also arrange recruitment tours where you can travel abroad to interesting destinations to screen and personally hire your international staff.

 

 

DOL Process

  1. I want to hire part-time workers for my business. Will DOL approve my case for foreign labor?

    Part-time employment does not qualify as employment for temporary labor certification under the H-2B program. Only full-time employment can be certified.

  2.  

  3. What is the validity of temporary Labor Certification?

    Temporary labor certification is valid only for the number of foreign nationals, the occupation, the area of employment, the specific activity, the period of time, and the employer specified in the certification.

  4. Is the H-2B labor certification transferable?

    H-2B certification is not transferable from one employer to another. The certification is issued only for a specific job opportunity, for a specific number of workers, and for a specific employment period.

  5. How much should I pay to my international workers?

    H-2B workers must be paid the higher of the prevailing wage (average wage paid to similarly employed workers in the occupation in the area of employment) or the wage you pay your U.S. workers who are doing the same job.

  6. Under what circumstances can my H-2B visa application be denied?

    An H-2B visa application may be denied when:
    1. The application did not meet the required time frames (except in emergency situations) and there is not enough time to test the availability of U.S. workers
    2. Enough able, willing, and qualified U.S. workers are available to fill all the employer's job opportunities
    3. The employer has not complied with the worker's compensation requirements
    4. The employer has not satisfactorily complied with positive recruitment requirements
    5. The employer, since the application was accepted for consideration, has adversely affected the wages, working conditions, or benefits of U.S. workers
    6. After appropriate notice and opportunity for a hearing, the regional administrator determines that the employer has substantially violated a material term or condition of a previous H-2B certification within the last two years

  7. How will I know if my H-2B visa application is not considered?

    If your application is not accepted, then the regional administrator will notify the employer in writing within seven days after receipt of the application. The regional administrator's notice of non-acceptance will:
    1. State why the employer's application is not acceptable
    2. State changes necessary for the application to be accepted for consideration
    3. Allow the employer five calendar days to resubmit the application
    4. Outline procedures employer may use to appeal the RA's non-acceptance
  8.  

  9. Can I re-submit the amended application for H-2B visa?

    Yes, you may resubmit the H-2B visa application with modifications. In such instances, you should file the amended application within five days of the regional administrator's notice of non-acceptance. The amended application must be filed with the regional administrator (with a copy to the SWA).
  10.  

  11. What if my Labor Certification Application is denied, can I still file with USCIS?

    Yes, the DOL decision to grant or deny certification is only advisory to the USCIS. The burden will be on the employer to show that there are not enough qualified U.S. workers available.
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  13. Friends of mine tell me that it is very tough to get workers on H-2B visa because of the stringent processes of Government Departments. Is it true?

    ExpressH-2B’s experience and a complete understanding of the system make the DOL process easy for you. Letting the DOL know that you are indeed facing a problem to acquire labor is our responsibility. ExpressH-2B will facilitate you at every step in getting your workers.

 

 

Workers

  1. Are international workers exempted from paying taxes?

    The workers coming into the U.S. are not exempted from paying taxes. They are required to pay all federal, state, and local taxes. For current tax information, please contact the IRS.

  2.  

  3. Are the workers capable of speaking in English?

    We check the workers for intermediate level of English and they can definitely manage a conversation.

  4. Can a worker leave me and work for my competitors?

    If the worker is in the United States and seeks to change employers, the prospective new employer must file its own petition requesting H-2B classification and extension of the alien's stay in the United States. If the new petition is approved, the extension of stay may be granted for the validity of the approved petition. The validity of the petition and the worker's extension of stay shall conform to the limits on the worker's temporary stay. The worker is not authorized to begin employment with the new petitioner until the petition is approved.

  5. Who will provide the workers with housing facilities?

    Workers coming from an overseas country need immense support to integrate into our society. It is very important to help them find accommodations which are comfortable. They are willing to stay in the U.S. as economically as possible. They are also open to sharing accommodations. In utmost cases the workers will pay their rents, but initially some of them might need your help. We advise you to help them in such a case.

  6. Do I have to assist workers with insurance, transportation and so on?

    ExpressH2B also assists in the following areas:
    1. Health/travel insurance coverage
    2. Housing
    3. Travel & Transportation
    4. Social Security Number

  7. I know a guy whom I want to bring over to the U.S. to work for me. What do I do?

    Please schedule a FREE Consultation with an ExpressH2B account manager to determine if the H-2B program is suitable for you.

  8. What are the industries that ExpressH-2B serves?

    We serve all industries and virtually any job that is subject to seasonal employment lasting no more than 10 months in a year qualifies under the H-2B program.

 

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