To obtain an H-2B visa, you need to have a job offer from a U.S. employer who has successfully obtained a temporary labor certification for the position. Once you have the job offer, you can apply for the H-2B visa at the U.S. embassy or consulate in your home country.
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To obtain an H-2B visa, you need to follow specific steps and meet certain criteria. Here is a detailed guide on how to get an H-2B visa:
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Find a U.S. Employer: The first step is to secure a job offer from a U.S. employer who is willing to hire temporary foreign workers. The employer must submit a petition to the U.S. Citizenship and Immigration Services (USCIS) on your behalf.
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Temporary Labor Certification: The employer needs to obtain a temporary labor certification from the U.S. Department of Labor (DOL). This certification ensures that there are no qualified U.S. workers available to fill the position and that hiring foreign workers will not negatively impact wages and working conditions of U.S. workers.
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File Form I-129: After obtaining the temporary labor certification, the employer needs to file Form I-129, Petition for a Nonimmigrant Worker, with the USCIS. This form includes detailed information about the employer, the job offer, and the foreign worker.
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Wait for USCIS Approval: The USCIS will review the petition and make a decision. If approved, the employer will receive Form I-797, Notice of Approval. This is a crucial step as it confirms that the petition has been accepted.
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Schedule an Interview: Once the petition is approved, you must schedule an interview with the U.S. embassy or consulate in your home country. The interview is conducted to assess your eligibility for the H-2B visa and determine if you meet all the requirements.
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Gather Required Documents: Prior to the interview, you must gather all the necessary documents. This usually includes a valid passport, Form I-797, DS-160 confirmation page, a copy of the approved labor certification, proof of ties to your home country, and evidence of your qualifications and experience.
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Attend the Interview: On the scheduled date, attend the visa interview at the U.S. embassy or consulate. The consular officer will ask questions related to your employment, background, and purpose of visit. Provide honest and concise answers and submit the required documents.
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Visa Issuance: If your visa application is approved, the consular officer will provide you with an H-2B visa stamp in your passport. You can then travel to the United States for the duration specified on the visa.
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Interesting Facts:
- The H-2B visa is designed for non-agricultural temporary workers, primarily in industries like hospitality, construction, and landscaping.
- There is a cap of 66,000 H-2B visas available each fiscal year, with 33,000 reserved for workers who start employment in the first half (October 1 – March 31) and the remaining for the second half (April 1 – September 30).
- The H-2B visa is typically granted for a maximum period of one year, but it can be extended for a total period of three years.
- It is important to note that the H-2B visa is a nonimmigrant visa, which means it does not provide a direct path to permanent residency in the United States.
- Employers who hire H-2B workers must comply with various employment regulations, including providing fair wages, transportation, and appropriate working conditions.
Table:
Steps to Obtain an H-2B Visa:
| Step | Description |
|---|---|
| 1 | Find a U.S. employer willing to hire temporary foreign workers. |
| 2 | Employer obtains temporary labor certification from the U.S. Department of Labor. |
| 3 | Employer files Form I-129, Petition for a Nonimmigrant Worker, with the USCIS. |
| 4 | USCIS reviews the petition and issues Form I-797, Notice of Approval, if accepted. |
| 5 | Schedule an interview at the U.S. embassy or consulate in your home country. |
| 6 | Gather required documents such as passport, Form I-797, DS-160 confirmation page. |
| 7 | Attend the visa interview and submit the necessary documents. |
| 8 | If approved, receive the H-2B visa stamp and travel to the United States. |
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To obtain the H-2B visa, the following steps must be carried out:
- The US petitioner or employer must file an application for Temporary Employment Certification for Foreign Labor with the US Department of Labor ( DOL ).
- The US petitioner or employer must file with USCIS Form I-129, Petition for a Nonimmigrant Worker.
- Foreign workers outside the United States must apply for their H-2B visa and/or admission to the country.
See a video about the subject.
The video provides an overview of the US H2B visa, which is a temporary work permit for professionals and non-professionals in fields other than agriculture. It highlights the annual cap of 66,000 visas and the eligibility conditions for employers and foreign workers. It also explains the process of obtaining a Temporary Labor Certification and the required documents for the visa application. The video mentions that not all nationalities are eligible, and employers can request to add their country to the authorized list. Once approved, the applicant can apply for visa stamping and enter the US. The H2B visa is valid for the period specified on the certification, with the option to extend it. Family members can accompany the visa holder, and changing to a Green Card or another visa is possible through a petition or finding a new job. The video also highlights reasons for visa application rejection.