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H-2B Articles

Changes in immigration that impact your life.

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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.

 

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.

 

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.

 

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.

 

The H-2B Final Rule: Increased Flexibility or Increased Severity?

 

The DHS’ final rule for H-2B workers is designed to benefit foreign nationals seeking to enter the US in H-2B status, however this final rule makes it harder to gain approval of a petition for an alien not from a country on the approved list. So, let us discuss if the H-2B visa final rule has brought flexibility or severity for the US employers to hire foreign workers for their temporary and seasonal work requirement. Also let us recapitulate the H-2B visa final rule and all 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.

 

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.

 

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.

 

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.

 

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.