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Vermont Service Center (VSC) Provides H-2B Filing Tips

January 5, 2010

The Vermont Service Center provides guidance on the filing of H-2B petitions.

The VSC stated that prior to filing an H-2B petition, the petitioner should confirm that the job is temporary, that the DOL has certified that no U.S. workers can be found to perform the job, that the beneficiary's employment in the US will not harm U.S. workers, and that all the requirements on the ETA-750 or ETA-9142 have been met. The H-2B petition should not be filed more than 120 days prior to the date of actual need.

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	United Kingdom

Nationals from countries other than the above should be filed for on a separate petition with the following evidence:

Documentation showing a worker with the required skills is not available from a country currently on the list published in the Federal Register;
Evidence that the beneficiary has been admitted to the United States previously in H-2B status;
What, if any, is the potential for abuse, fraud, or other harm to the integrity of the H-2B visa program through the potential admission of a beneficiary from a country not currently on the list; and
Any other factors that should be considered as serving the U.S. interest.

When requesting that notification be sent to multiple consulates upon approval of an H-2B petition listing multiple beneficiaries, the petitioner no longer needs to indicate which beneficiary is going to which consulate. Only one consulate will be notified of the approval of the petition as consulates are now required to verify all USCIS approvals through the USDOS Petition Information Management System (PIMS).