Here, you will find many of most common immigration problems.
H-2B Visa Program
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.
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.
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.
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’.
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
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.
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.
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.
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.
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
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.
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
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.
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.
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.
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.
Under what circumstances can my H-2B visa application
be denied?
An H-2B visa application may be denied when:
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
Enough able, willing, and qualified U.S. workers are available to
fill all the employer's job opportunities
The employer has not complied with the worker's compensation requirements
The employer has not satisfactorily complied with positive recruitment
requirements
The employer, since the application was accepted for consideration,
has adversely affected the wages, working conditions, or benefits of
U.S. workers
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
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:
State why the employer's application is not acceptable
State changes necessary for the application to be accepted for consideration
Allow the employer five calendar days to resubmit the application
Outline procedures employer may use to appeal the RA's non-acceptance
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).
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.
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
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.
Are the workers capable of speaking in English?
We check the workers for intermediate level of English and they can
definitely manage a conversation.
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.
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.
Do I have to assist workers with insurance,
transportation and so on?
ExpressH2B also assists in the following areas:
Health/travel insurance coverage
Housing
Travel & Transportation
Social Security Number
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.
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.
FEE STRUCTURE
Service Fee Call us*
Filing Fee (regular) $475
Filing Fee (premium) $1,700
* Fee includes up to 5 workers
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