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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.
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.
I-129 H-2B Filing Tips
Prior to Filing:
Before filing, the employer should confirm the following:
Filing Date:
Do not file the H-2B petition more than 120 days prior to the date of actual need.
Fees and Filing Issues:
Here is the chart below for the appropriate fee information:
Form | Filing Fee | Additional Information |
I-129 | $320.00 |
|
Fraud Fee | $150.00 |
|
Premium Processing Fee | $1000.00 |
|
Form I-129 Supplement H:
Complete and sign the Form I-129 Supplement H with a revision date of 1/22/09 or later. Failure to do so will result in an RFE.
H-2B Eligible Countries:
The Secretary of Homeland Security, with concurrence of the Secretary of State, has designated nationals from the following countries as eligible to participate in the H-2B visa program:
Argentina; Australia; Belize; Brazil; Bulgaria; Canada; Chile; Costa Rica; Dominican Republic; El Salvador; Guatemala; Honduras; Indonesia; Israel; Jamaica; Japan; Mexico; Moldova; New Zealand; Peru; Philippines; Poland; Romania; South Africa; South Korea; Turkey; Ukraine; and United Kingdom.
Nationals from Other Countries:
Nationals from countries other than the above should be filed for on a separate petition with the following evidence:
Filing the Labor Certification:
Substitutions:
Substitutions are only available when the petition requested workers applying at a consulate and not all workers applied for a visa.
Time Limit:
If the beneficiary has been in the United States for several seasons, please indicate how long they have been in United States.
If the beneficiary has been in the United States for… | Then need to remain outside the United States for… |
Three years | Three months |
More than 18 months, but less than three years | 60 days |
Less than 18 months | 45 days |
Beneficiary Names:
Substitutions are only available when the petition requested workers applying at a consulate and not all workers applied for a visa.
Conclusion: These tips are a compilation of the most common errors and the suggested ways for avoiding processing delays or rejections of filings. Sometimes a petition is denied just because of some small errors. So, if you wish to file an H-2B petition, remember all the filing tips that we discussed in the article, they may maximize the chances of getting your petition approved.
If you are an employer who has questions regarding Labor Certification or need assistance with the H-2B filing, contact ExpressH2B. ExpressH2B attorneys would be happy to assist you.
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