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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).

 

 

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