Who Is Eligible for H2B Visa

Employee Eligibility Requirements

Employees as from eligible countries are required to meet a few requirements, including the following:

• They are required to have a work offer from a company in the United States.
• They have to provide evidence that they intend to go back to their home country after their visa has expired.
• They have to demonstrate that they meet the requirements for an H-2B visa by demonstrating that they are qualified employees for the post that is being given to them.

Employer Eligibility Requirements

The procedure of obtaining an H-2B visa is started by the company. Companies in the United States, whether they are public or private, single proprietorships or corporations, are interested in hiring employees from other countries. However, employers need fulfil a few requirements, such as the following:

• Employers are required to provide evidence that they have searched for US workers, but there have not been enough
• By employing foreign workers, they would not adversely influence the pay and working conditions of US workers.
• That the foreign employees will occupy roles that are just temporary.

Employers participating in the H-2B program are required to do two specific actions before being granted authorization to employ foreign nationals on a temporary basis.

Get DOL Certification

If a business in the United States wants to recruit workers from another country, they are required to get certification from the Department of Labor. When applying for an H-2B visa, you will need to provide evidence of temporary employment. Employers are required to create and submit the following documents:

• Application for H-2B registration, Form ETA-9155 (must be submitted either more than 150 days or less than 120 days before the date on which the worker is required).
• Application for Prevailing Wage Determination, Form ETA-9141 (available through the Department of Labor).
• Application for Temporary Employment Certification, Form ETA-9142 (must be submitted at least 75 days before a worker is required and no more than 90 days before the worker is needed).

In addition to filling out these documents, companies are required to provide evidence that the worker is needed in a temporary capacity. There are four categories of temporary jobs that are eligible for this program: seasonal work, intermittent work, peak load, and one time

Job Position Eligibility Criteria

Through the H2B Visa Program, you will have the opportunity to work in a wide range of occupations inside the United States. To be considered a temporary employment position, the job in question must meet one of the following criteria:

• Seasonal employment: positions that are in demand at a certain time of year. These are the kinds of assignments that come up again and again, often on a yearly basis. However, the length of the employment cannot be changed, and it cannot take place during the vacation time of permanent employees in the United States.
• Intermittent work: positions in which there is a shortage of full-time employees. As a result, the business needs people who can contribute on a temporary and part-time basis.
• Peak load: employment openings that occur during very busy periods when a business needs extra staff members.
• One-time requirements: these are the kinds of work that are only needed for a limited time and just on an occasional basis.

Employers are also required to demonstrate that they searched the United States for workers who had the necessary qualifications and could, would, or were available to do the work. They are required to go through a recruiting procedure in order to demonstrate this. Putting up advertisements for open positions in various publications is part of the process of hiring new employees. The wanted advertisements have to be published in the newspaper for a total of three days in a row. In addition, the offer must be made available to employees in the United States up to twenty-one days before the business requires the employee’s services.

In order for the company to be eligible for the certification, they will need to provide the Department of Labor the evidence that proves the efforts they have put into hiring new employees. If the Department of Labor gives its blessing to the Temporary Labor Certification, the document will remain in effect for a period of three years. After that, the employer will be able to go on to the subsequent phases.

The petition must be sent to USCIS

The next thing that has to be done is to submit the petition to the United States Citizenship and Immigration Services (USCIS). The petition must be submitted by filling out Form I-129 at least 45 days and no more than six months before there is a need for the personnel. Each employee is required to file their own petition, and existing petitions cannot be moved to cover additional workers.

In the event that the petition is granted, the USCIS will provide the employer with Form I-797. On Form I-797 are the dates that indicate when a company may engage a certain employee and when that employee’s job must come to a conclusion. Employers are obligated to observe the working dates; failing to do so may result in the denial of subsequent petitions.