H-2B - Work-based Visa, Green card, H1B, - Envoy · PDF fileThanks for choosing VISANOW to...
Transcript of 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
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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
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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 Process
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
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H-2B Application Process
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
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H-2B Application Process
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
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H-2B Application Process
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
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H-2B Application Process
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
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Step 6
H-2B Application Process
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.
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H-2B Application 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
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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
H-2B Application Process
Eligible Countries List
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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
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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.
H-2B Application Process
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.
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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
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Have more questions? Don’t hesitate to reach out to us.
855-960-5403
www.visanow.com/contact-us/