|
Who is Eligible? An international beneficiary who is offered a job by a
U.S. employer may enter the U.S. for a temporary time of specified duration to
fill the offered position. The employment must be a one-time need based upon low
U.S. worker availability, seasonal, or cyclical needs.
Petitioner must prove to the satisfaction of the United States Consul
official that:
- U.S. COMPANY IS OFFERING EMPLOMENT - The employer must be
offering a position that is temporary and based on unusual need;
- PERIOD OF EMPLOYMENT MUST HAVE SPECIFIC ENDING DATE - The offered
position must be an isolated occurrence that has a specific foreseen ending
date. The position may not be a consistently vacant position, but the need for
the Beneficiary must arise due to seasonal, cyclical, or tight labor market
circumstances;
- TEMPORARY LABOR CERTIFICATION - The Petitioner must obtain a
temporary labor certification certifying that no U.S workers will be adversely
affected by the employment of the international Beneficiary. Further, the
Beneficiary must be paid a wage equal to or exceeding a minimum prevailing
wage for workers in the same position set by the state where Beneficiary shall
work.
How to Apply
The Petitioner must first obtain a Temporary Labor Certification (TLC) from
the USDOL. Upon receiving the TLC, the Petitioner may forward the petition with
attached TLC to the INS Regional Service Center with jurisdiction over the
Beneficiary's proposed place of employment.
Documentation Requirements
- Approved temporary Labor Certification from U.S. Department of
Labor certifying that no U.S. workers are available to fill the offered
position, and that no U.S. workers will be adversely affected by the
employment of the international Beneficiary;
- Proof that job offered is for a short specified duration with
date certain for ending date;
- Proof that beneficiary has the job qualifications necessary to
fill the offered position, that is, training, education, or letters of
reference;
- Job offer letter describing position, temporary need of employee,
and terms and conditions of employment.
Duration
Once approved, an H-2B Visa is good for the length of the TLC for a maximum
of one year. Renewals for an H-2B visa may be extended for a maximum of three
years in one-year increments. Upon reaching completion of the maximum stay a
Beneficiary must depart the U.S. for at least six months.
Processing Times
Depending on the backlog at the INS Service center which receives your
petition, the petition should take between 30 and 60 days to approve or deny.
|
