In some states, the information on this website may be considered a lawyer referral service. Or if you're from Canada, you can head straight to the U.S. border with the documents described below. H2B VISA PROGRAM - Short Term 'Seasonal Jobs' Work Visa / Permit The H2B visa is a great visa for people who want to work in the USA in temporary, seasonal and fun jobs across the Country. § 3303(b)(1). Alert: On May 29, 2020, USCIS announced that premium processing would resume for Form I-129 and Form I-140 petitions in phases over the month of June. $2,050 visa petition application fee charged by U.S. Visa holders who change employers or jobs may apply to have their status changed on their H-2B visas. 66,000 H2B's are available to people around the World. P.O. LaborQuest USA provides H2B guest workers for any employers who have a seasonal, intermittent or a one-time occurrence need for guest workers. This is due to the fact that opting for premium processing does not increase your chances of selection or approval. 96-8, Section 4(b)(1), provides that “[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan.” 22 U.S.C. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. If none are found, the employer can apply to its local state workforce agency (SWA) for a temporary labor certification. P.O. Additionally, DHS is temporarily amending its regulations to allow certain H-2B workers to stay beyond the three-year maximum allowable period of stay in the United States. It is a legal requirement that this fee is paid by the employer. Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap. For additional information on the current H-2B cap, and on workers who are exempt from it, see the Cap Count for H-2B Nonimmigrants Web page. Other factors that may serve the U.S. interest. The applications should include details of any fees collected from H-2A visa and H-2B visa holders as well as recruitment efforts undertaken by the employer to find US workers for the position. Fact Sheet #78D (PDF, TEXT) — Deductions and Prohibited Fees under the H-2B Program; Fact Sheet #78E (PDF, TEXT) — Job Hours and the Three-Fourths Guarantee; Fact Sheet #78F (PDF, TEXT) — Inbound and Outbound Transportation Expenses, and Visa and Other Related Fees under the H-2B Program; Fact Sheet #78G (PDF, TEXT) — Disclosure of the Job Order and Notice of Worker Rights … L. No. The nonimmigrant visa fees are $160, but the fees may also vary depending on whether you want to bring your children or spouses as well. •    Processing, manufacturing, and packaging of human and animal food;  Exception: Certain periods of time spent outside of the United States may "interrupt" an H-2B worker's authorized stay and not count toward the 3-year limit. Petitioners must include the following information in the fee-related notification: Email or mail your notification to the USCIS Service Center that approved the I-129 petition. The job time-frame must be for less than one year. Attn: BCU ACD DHS may add a country to the Eligible Country List at any time if the secretary of Homeland Security determines that the country is eligible. Are there any age limits for the program? The Department of Homeland Security publishes the list of H-2A and H-2B eligible countries in a Federal Register notice. The temporary additions to staff will not become part of the employer's regular operation. You must have the correct background and abilities for the job. Employers that can demonstrate recurring, seasonal or peak labor need, and are willing to pay the prevailing market wage are eligible to apply for the H-2B program. For the latest amount, see the " Fees for Visa Services " page of the State Department website. Any unused numbers from the first half of the fiscal year will be available for employers seeking to hire H-2B workers during the second half of the fiscal year. This is non-refundable and will be used for processing your application. US H2B Visa; H2B Extensions; J1 Work & Travel. The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. To qualify for H-2B nonimmigrant classification, the petitioner must establish that: Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is: H-2B petitioners must also provide a single valid temporary labor certification from the U.S. Department of Labor (DOL), or, if the workers will be employed on Guam, from the Guam Department of Labor (Guam DOL). The USCIS also suggests that employers petitioning for H-2A visa and H-2B visa workers read U.S. Department of Labor (DOL) guidelines. When USCIS approves the I-129 petition, applicants who are already in the U.S. and simultaneously received a change of status are good to start working. Any H-2B worker's spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. The H-2B program is the only legal, seasonal, foreign worker visa program for non-agricultural employers. According to Workpermit.com, an online resource for those seeking information about various Visa programs, “From ski resort workers in Colorado to amusement park employees in Florida, 66,000 temporary workers come to the US every year on H2B visas. A new, valid temporary labor certification covering the requested time must accompany each extension request. The U.S government allows employers who can prove their temporary need for employees and cannot find them in the U.S to See 8 CFR 214.2(h)(2)(iii) and 8 CFR 214.2(h)(6)(i)(E)(2) for additional evidentiary requirements. A USCIS policy memorandum, “Implementing the National Defense Authorization Act for Fiscal Year 2019 and the Exemption to the Temporary Need Requirement for H-2B Workers on Guam and in the Commonwealth of the Northern Mariana Islands (PDF, 116.25 KB)” provides guidance on qualifying for the exemption. Petitioners may avoid denial or revocation of their H-2B petitions if they notify USCIS that they obtained information concerning the beneficiary’s payment of (or agreement to pay) a prohibited fee or compensation to any agent, facilitator, recruiter, or similar employment service only after they filed their H-2B petition. Under this temporary final rule, an H-2B petitioner with an approved temporary labor certification can start employing H-2B workers already in the United States for positions essential to the U.S. food supply chain, immediately after USCIS receives the H-2B petition and the new attestation, but no earlier than the start date of employment listed on the petition. Any form of compensation related to the H2B conditions of employment is prohibited. The new employer must file Form I-129, the Petition for Non-immigrant Worker, at the appropriate USCIS Regional Service Center. Such extensions can be hard to get, however -- they're not automatic at all. The H2B visa is a non-agriculture temporary work visa, usually between 6-9 months, but you can extent the visa for up to 3 years in 6-9 months intervals also known as seasonal jobs. If your spouse and children will be accompanying you, documents showing the family relationship, such as birth and marriage certificates. As the application form states, this fee is non-refundable regardless of whether the visa is issued or not, since the application was processed to conclusion. California Service Center With the initial one year and the ability to file for extensions you can stay for a maximum of three years on this visa. The dependents may attend school while in the United States, but may not work. No qualified and willing U.S. workers available for the job time-frame must be no qualified and willing U.S. workers for... Cap is reached, USCIS may grant H-2B classification for up to one year the... 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