Temporary Worker Performing Other Services or Labor of a Temporary or Seasonal Nature (H-2B) Visa for the U.S.

The H-2B visa is the second type of visa within the H-2 temporary work visas in the U.S. The H-2B program is applicable for those who want to work as temporary non-agricultural workers in the U.S after being sponsored. The government of the U.S allows an employer to bring foreign employees to work in the U.S for a specific period by proving their temporary need for employees under the H-2B visa. There are some following industries which meet the requirements to hire H-2B workers:

• Hospitality
• Cruise Ships
• Resorts and Theme Parks
• Construction
• Ski resorts
• Golf courses
• Maintenance and janitorial
• Landscaping
• Water Parks
• Warehouses
• Restaurants and bars
• Retail stores
• Sports and athletics, etc

The employers should meet up the following criteria to hire foreign workers under the H-2B visa:

• The employers required to show that there are not enough U.S employees to meet up their demand
• The employers required to show that they will not adversely disturb the wages and working conditions of U.S employees by hiring foreign workers
• The employers required to show that temporary positions of companies will fill up by the foreign workers.

There are three following requirements for obtaining the Department of Labor (DOL) Temporary Labor Certification:

• Provide necessary transportation facilities for employees when they have to travel far from their place of residence and cannot return there on the same day. The employers have to reimburse employees for the expenses at the end of the employment contract if they are not able to provide transportation immediately.
• Employers should provide three meals per day for the duration of the contract by charge workers a fee that is subtracted from their wages. The employers have to make the necessary arrangements for cooking facilities where employees cook their meals if they are not able to provide meals.
• Employers must pay the fair hourly wage for foreign workers that the one they would pay for U.S workers.

The employees or foreign workers also have to meet up the following requirements:

• A valid job offer
• prove of their legitimate reasons to return to their home country after their visa expires
• Prove of required skills for the job position that they are offered to be eligible for an H-2B visa
• Must have to be from a country listed in the H-2B eligible countries list

The Department of Homeland Security has determined citizens of the H-2B eligible countries list to get H-2B visas which include these following countries:

• Argentina       
• Australia
• Austria
• Barbados
• Belgium
• Belize
• Brazil
• Brunei
• Bulgaria
• Canada
• Chile
• Colombia
• Costa Rica
• Croatia
• Czech Republic
• Denmark
• Dominican Republic
• Ecuador
• El Salvador
• Estonia
• Ethiopia
• Fiji
• Finland
• France
• Germany
• Greece
• Grenada
• Guatemala
• Haiti (removed)
• Honduras
• Hungary
• Iceland
• Ireland
• Israel  
• Italy
• Jamaica
• Japan
• Kiribati
• Latvia
• Lichtenstein
• Lithuania
• Luxembourg
• North Macedonia
• Madagascar
• Malta
• Moldova
• Mexico
• Monaco
• Montenegro
• Nauru
• Netherlands
• Nicaragua
• New Zealand
• Norway
• Panama
• Papua New Guinea
• Peru    
• Philippines
• Poland
• Portugal
• Romania
• Samoa (removed)
• San Marino
• Serbia
• Singapore
• Slovakia
• Slovenia
• Solomon Islands
• South Africa
• South Korea
• Spain  
• St. Vincent and the Grenadines
• Sweden
• Switzerland
• Taiwan
• Thailand

The employers should provide the following documents if they want to hire a foreign worker who is not on the list:

• A valid written request submitted to the Department of Homeland Security
• Required documents of the foreign workers'
• Strong evidence that the U.S worker will be benefited by workers by giving them the H-2B visa

Eventually, USCIS receives the application for a nonimmigrant worker (Form I-129), you may appeal for a permit. There are numerous phases in the visa application process. The order of these phases and how you complete them may vary at the U.S. Embassy or Consulate where you apply.

H-2B Visa Petitioning Procedure for Employers

Companies who need to recruit overseas workforces for their work purpose have to follow these steps:

• Obtain authorization from the Department of Labor (DOL)
• Apply to USCIS

If all of these are permitted from their particular agencies, the claimant or worker can begin the visa request. Else, if the authorization and appeal are rejected, the worker cannot obtain the H-2B permit and will not be permitted to arrive and work in the U.S.

Authorization from DOL: The first stage to receiving approval to recruit H-2B employees is to obtain authorization from the U.S Department of Labour. This can be completed by filing the ensuing forms:

• Form ETA-9155 –H-2B registration application
• Form ETA-9141 –Fundamental Wage Determination application
• Form ETA-9142 –Temporary Employment Certification application 

The employers should have to prove that the workers for a temporary period. There are several types of temporary work that meet up the requirements:

• One-time occurrence – In this situation, the job positions are permanent, but the employer needs a temporary worker now. Another condition is that the employer needs someone just for now but never hired someone for that specific job position, and does not plan to do so again in the future.
• Seasonal need – In this situation, there is a lack of labour because the industry has a traditional cycle of seasonality, not because of some irregularity or permanent employees are on leave.
• Peak load needs – In this situation, the employer needs additional temporary staff due to increased short-term demand, but the job position is usually filled by permanent staff.
• Intermittent need – In this situation, the employer always hires temporary staff for short periods instead of not any hire permanent staff for that job position.

 The employers required to show that there are not enough U.S employees to meet up their demand to do the job. The employer should have to arrange a recruitment process to prove this. The employer should be posting job ads in newspapers and other media. They should post the job ads in the newspaper for three consecutive days. Their job offer should be open for the U.S employees up until 21 days earlier the employer needs the services of the employee. To obtain the certificate from the Department of Labour, the employer then needs to submit the documentation that proved their recruiting efforts. The Temporary Labor Certification is valid for three years if the DOL approves it. After that, the employer can able to go to the next steps.

Apply to USCIS: The second stage is to appeal for the U.S government to permit overseas workforces to be employed in a U.S corporation. This is complete by filing Form I-129 to USCIS no extra than six months and no less than 45 days earlier there is a need for the employees. Companies must file Form I-129 for each worker that they aim to recruit. The I-129 is evaluated from USCIS, and a response is returned to the employer. If USCIS approved the petition, they would give Form I-797 which indicates that the dates when the employer can start hiring workers under the H-2B visa and when should the works end.

H-2B Visa Application Procedure for the Employee

Next, the employer has established that they will reach all the required settings to recruit foreign workers and get permission from DOL and USCIS; the staff can begin their visa application. Visa appeals are completed at the U.S Embassy where the worker is applying from. These are the processes:

• Fill in the DS-160 form website 
• Fill in the DS-156 form website
• Fill in the DS-157 form website (if male between 16 and 45 years old)
• Reimburse the visa appeal fee
• Schedule a visa interview appointment
• Appear in the interview with these papers:
  • Form DS-160  receipt
  • Forms I-129 and I-797 to confirm USCIS approval
  • Your valid passport
  • One photograph which reaches the U.S. Visa Digital Image Requirements
  • Papers that verify that you aim to come back to your country after your visa ends such as a deed of an asset, a lease of a flat, or letter from a company that states that they will recruit you when you are coming back.
  • A valid job offer letter
• If your visa appeal is accepted, apply for visa stamping