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
