On February 19, 2019, U.S. Citizenship and Immigration Services ( USCIS) announced that it has reached the maximum H2B applications for the second half of fiscal year 2019.
What is H-2B?
H-2B visa allows U.S. employers to hire foreign nationals to fill temporary nonagricultural jobs for no longer than 1 year. Congress currently permits 66,000 H-2B visas per fiscal year; 33,000 workers for October 1 to March 31 and the other half for April 1 to September 30.
The U.S. employer must show by preponderance of evidence that:
1. There are not enough U.S. workers who are able, willing, qualified, and available to do the job.
2. Temporary employment of foreign workers will not negatively affect U.S. job market.
3. The job is temporary. It is considered temporary when: it is a(n):
a. One-time occurrence
b. Seasonal need
c. Peakload need
d. Intermittent need
Typically, H2B visas are sought in the hospitality industry such as amusement parks, restaurants, golf courses, cruise ships, construction companies,
roofing companies.
What documents need be prepared when the worker is outside the U.S.?
Employers first need to obtain a H2B labor certificate from the U.S. Department of Labor and then file a I-129
Prospective worker needs to prepare DS-156, application for nonimmigrant visa, DS-157 if the prospective worker is a make between 16 and 45 years of age, one passport-style photo, evidence of nonimmigrant intent, copies of approved H2B petitioner filed by employer, and necessary filing fees and interview fees.