H-2B - Work-based Visa, Green card, H1B, - Envoy · PDF fileThanks for choosing VISANOW to...

H-2BONBOARDING PACKET

TEMPORARY NON-AGRICULTURAL WORKER VISA

H-2B TEMPORARY NON-AGRICULTURAL WORKER VISA - ONBOARDING PACKET 2

H-2B TEMPORARY NON-AGRICULTURAL WORKER VISA - ONBOARDING PACKET

Thanks for choosing VISANOW to assist in your H-2B

Temporary Non-Agricultural Worker visa applications. We’ve

created this onboarding packet for you to use as a helpful

introduction to the H-2B visa process, so you can better anticipate

what will be required of you and your foreign nationals. Additionally,

we want to ensure you understand how VISANOW will support you

throughout the process.

Enclosed you’ll find information on:

Your Support Team

H-2B Application Process

Eligible Countries

H-2B Cap

Dependent Visas

Length of Stay

Visa Extensions

Frequently Asked Questions

H-2B


Legal Specialists

You can contact a VISANOW-affiliated immigration attorney directly through

the online communication center. Simply post a question and you’ll receive an

answer within 30 minutes, during business hours.

Client Managers

At VISANOW, HRs are designated a client manager, who serves as their primary

point of contact. This person will assist you as you work with attorneys in

building your immigration cases. Whenever you have a question, feel free to

contact your client manager by email or phone (855) 960-5403.

Support Team


Here is our recommended application preparation timeline that ensures the

foreign national’s application is approved before his or her projected start date.

Since there is a cap on the number of H-2B applications processed each year,

it’s important to prepare the application quickly, so your employees can begin

work on time.


H-2B Application Requirement

The H-2B application includes a list of 27 conditions,

which must be signed in order to sponsor foreign

workers under this temporary employment status. The conditions

help the DOL ensure U.S. workers aren’t disenfranchised and

foreign nationals aren’t exploited during the employment process.

H-2B



When drafting the job description, make sure the information is stated simply, yet as accurately as possible. An accurately written job description helps the DOL make the most proper prevailing wage determination. For example: If the position requires the worker to have experience operating a certain piece of machinery, those details must be included in the job description because you won’t be able to require that skill in your recruitment ads or disqualify an applicant for not having that skill level.

Job Description Writing Tips

Company Registration is Filed, if Necessary

If your company hasn’t filed a registration, you’ll need to complete this step. It

involves sending VISANOW the job description, how many openings there are

for that position, information regarding the time of year the workers are needed,

and an explanation of why you anticipate that you can’t find U.S. workers to fill

your workforce.

Did You Know? If you’re hiring multiple foreign nationals for the

same job position you only have to complete one application,

however, if the job descriptions vary, you’ll have to prepare

applications for each of those additional job positions.

VISANOW will submit the company registration 4-5 months

before the employees’ projected start date.

HR Tasks: Begin preparing documentation and completing questionnaire 5-6

months before start date.

Step 1



File Prevailing Wage Determination (PWD)

VISANOW sends the job description to the Department

of Labor (DOL).

HR Task: To request a PWD, the employer must send VISANOW

their Federal Employer Insurance Number (FEIN). If this is your first

time sponsoring a foreign national, request your FEIN issuance letter from

the IRS. You can call the IRS at (800) 829-4933 and they can email or fax you

a copy of the letter.

File Temporary Employment Certification (TEC)

VISANOW sends the prevailing wage determination and job

order to the DOL.

The job order is filed with the State Workforce Agency 75-90

days before the employees’ start date (the earlier the better). The

post must be active for a minimum of 54 days and up to 70 days.

Step 3

Step 2

file



Begin Recruitment Activities

HR Task: Publish two print ads for the position, including one

on Sunday, while the state job order is active. You must accept

resumes until 21 days before the employees’ start date.

Special Note:

The DOL can order additional ads to be placed in various publications

if they determine they want to continue testing your local job market.

If any workers were employed at your company in the same position,

the previous year, the DOL requires you to notify each person of the

open position within your company.

For 15 consecutive business days, you must notify current employees

that you are in the process of hiring employees under an H-2B

visa status.

Step 4



The DOL has strict requirements that employers must follow when placing print ads and completing other steps in the recruitment process.

FOR EXAMPLE, EACH PRINT AD MUST STATE:

⊲ Employer’s name and contact information to inform applicants where to send resumes.

⊲ Geographic area of employment to inform applicants of travel requirements and where they will likely have to reside to perform the services or labor.

⊲ Whether transportation to the worksite is provided by the employer.

⊲ A description of the job opportunity, including the duties to apprise applicants of services to be performed and the duration of the job.

⊲ Work hours and days, expected start and end dates of employment, and whether or not overtime will be available.

⊲ Wage offer or offers in the event of multiple wage offers.

⊲ The temporary nature of the job, and the total number of job openings the employer intends to fill.

You can publish the print ads on your own, however, it’s strongly encouraged to use VISANOW’s recruitment services since there are strict guidelines determining when, and for how long, the ads must be published. We work with our advertising partner to negotiate the best rates to ensure they’re published for the correct time period. Contact your client manager for more information regarding VISANOW’s recruitment services.

Print Ad Tips


Step 6


Submit Final Recruitment Report

HR Task: VISANOW will inform you of what information is needed for the recruitment

report, such as prospect names and interview details.

Remember: The employer has to accept resumes until 21 days before the

start date. If you receive resumes after the recruitment report is filed, inform

VISANOW and we’ll update the report and send the revised version to the DOL.

This process occurs in the timeline specified by the DOL, consult the immigration

attorneys for more information.

Step 5

Processtime

File H-2B Petition (I-129) With USCIS

With premium processing, the application will be

processed in 15 days.

Processing time spans 2-3 months if the application

isn’t expedited.

HR Task: Review forms after they’re prepared by the attorneys. Additionally, if

you’ve identified which employees you’ll hire, provide a copy of each resume,

address, and passport to VISANOW. We’ll send the information to the recruits’

consulates to help expedite the interview process.



Foreign National Applies for the Visa at a Local Consulate

After the I-129 application is approved, the foreign national applies for the H-2B

visa with the U.S. Department of State at a U.S. Embassy or Consulate abroad, then

seeks admission to the United States with U.S. Customs and the Border Protection

(CBP) at a U.S. port of entry.

Fill out the consular application (Form DS-160), which asks for biographical

information, online.

Pay the visa application fee and schedule the consular appointment. If approved,

the foreign national will receive the visa on the same day.

Step 7

They may directly seek admission to the United States in H-2B classification with CBP at a U.S. port of entry.

Canadian Nationals

https://ceac.state.gov/genniv/


USCIS will only approve H-2B petitions from nationals of certain countries that

have been preselected by the Secretary of Homeland Security. The list of

approved countries (below) is published annually in January.

Argentina

Bulgaria

Austria

Chile

Dominican Republic

Belize

Croatia

El Salvador

Australia

Canada

Denmark

Barbados

Costa Rica

Ecuador

Brazil

Czech Republic

Estonia

Ethiopia

Hungary

Grenada

Ireland

Kiribati

Haiti

Italy

Lithuania

Fiji

Iceland

Japan

Guatemala

Israel

Latvia

Honduras

Jamaica

Macedonia

Madagascar

New Zealand

Moldova

Norway

Poland

Nauru

Papua New Guinea

Romania

Mexico

Nicaragua

The Philippines

Montenegro

Panama

Portugal

The Netherlands

Peru

Samoa

Serbia

Spain

Slovenia

Switzerland

Ukraine

South Africa

Tonga

Uruguay

Slovakia

Sweden

Tuvalu

Solomon Islands

Thailand

United Kingdom

South Korea

Turkey

Vanuatu


Eligible Countries List


H-2B Cap

USCIS limits the total number of new H-2B petitions processed

during each fiscal year. In recent years the cap has filled quickly,

making it extremely important to file the H-2B application as soon as

possible, because once the cap is reached USCIS will no longer accept petitions

from non-exempt workers.

Currently, the cap is 66,000 for the entire fiscal year, however, it’s broken into two

segments. From October 1 to March 31, 33,000 petitions are accepted and the

second half spans from April 1 to September 30. The spouse and children of H-2B

workers applying for H-4 dependent status are not counted against this cap.

Some workers are exempt from the H-2B cap, under these circumstances:

H-2B workers in the U.S. or abroad who have been previously counted towards the cap dating back three years

Current H-2B workers seeking an extension of stay

Current H-2B workers seeking a change of employer or terms of employment

Fish roe processors, fish roe technicians and/or supervisors of fish roe processing


Dependent Visas

Spouses and unmarried children under 21 years of age

may apply for an H-4 visa, which allows them to travel and

stay temporarily in the U.S. with the H-2B holder. Inform

your foreign nationals of this option, as it can be a great

incentive to potential recruits. If your H-2B holders are

interested in applying for a dependent visa for a family

member, have them contact one of our customer support

specialists at [email protected].

Length of Stay

Temporary workers’ approved length of stay is authorized

for the amount of time stated on the temporary

employment certification, usually up to 9 months.

Visa Extensions

Due to the seasonal requirements of the H-2B visa,

extensions aren’t common. However, they are granted

in some cases for a period up to three years. A new

temporary employment certification covering the additional

time must accompany the extension request. When the

time comes, VISANOW can help you file an extension and

the TEC request.


Special Note:

Any worker with H-2B status for three years must depart the U.S. and remain outside the country for a period of three months before seeking readmission as an H-2B holder. If you need to extend a worker’s stay, inform your client manager, so you can start the application process well in advance of the visa expiration date.

https://[email protected]


Here’s a brief list of commonly asked questions to help you learn more about the H-2B

application process. If you have any questions that are not covered here, feel free

to ask your client manager or post a message to the communication center and an

immigration attorney will answer your query.

How do prove I have a temporary need for H-2B workers?

It’s important to provide evidence displaying your need for workers is temporary

and covers seasonal, peak, intermittent, or one-off periods of work. This can be

accomplished by providing payroll from previous years showing a notable increase.

Additional documents include contracts, outlines of projects, written explanations or

time frames. A sample set of work contracts or invoices can demonstrate the need for

the requested months and employees.

What legal requirements must employers of H-2B visa holders meet?

The employer is required to prove the employment period is temporary and

doesn’t span longer than 12 months. Additionally, they must obtain Temporary

Employment Certification and sign the H-2B application, which includes a list of

27 employment conditions.

If we have more than one work site location within a Metropolitan Statistical

Area (MSA) and they have different prevailing wage rates, which rate do we use?

The employer shall offer the highest prevailing wage across all the areas covered by

the MSA, even if the employees may be working in multiple states within the MSA.

What documents should a new company provide if they have no

records to show temporary need?

An employer can submit any combination of documentation necessary, as long as

the documents sufficiently show the temporary nature of the need. The immigration

attorney can advise you of which documents to submit.

Is there a minimum number of hours the foreign national must work each week?

Yes, the foreign national must be employed on a temporary, yet full-time, basis, which

is 35 hours or more a week.

Frequently Asked Questions

?

?

?

?

?


Have more questions? Don’t hesitate to reach out to us.

855-960-5403

www.visanow.com/contact-us/

H-2B - Work-based Visa, Green card, H1B, - Envoy · PDF fileThanks for choosing VISANOW to...

Documents

Transcript of H-2B - Work-based Visa, Green card, H1B, - Envoy · PDF fileThanks for choosing VISANOW to...