H-2B Requirements
- Must be a non-agricultural employer who anticipates a shortage of U.S workers needed to perform non-agricultural labor or services of a temporary or seasonal nature.
- The job opportunity must be both full time and temporary.
- There must not be sufficient U.S. workers who are willing and capable of performing the temporary services.
- Hiring foreign workers must not negatively affect the wages and/or working conditions of similarly employed U.S. workers.
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Employer must:
-Have a physical location in the U.S. and a means by which it may be contacted for employment.
-Have the ability to hire, pay, fire, supervise or otherwise control the work of employees.
-Possess a valid Federal Employer Identification Number (FEIN).
Part-time employment does not qualify for H-2B. A job opportunity is considered temporary if the employer’s need for the duties to be performed is temporary, whether or not the underlying job is permanent or temporary.
U.S. Department of Labor – H-2B Labor Certification Overview CLICK HERE
STEPS TO BECOMING AN H-2B EMPLOYER - STEP BY STEP PROCESS
Special consideration on recruitment includes: continued cooperation with the SWA by accepting referrals of eligible U.S. workers until the 20th day prior to the scheduled start date of work. Recruitment logs and reports must be kept through that time period.
A supplemental recruitment summary must be completed, signed and dated by the Employer, and be made available to USDOL upon request.
Please see Electronic Code of Federal Regulations for clarification on employer Obligations and Assurances (20CFR655.20) CLICK HERE
– Acquire a prevailing wage determination
– Employer begins accepting referrals from SWA.
– Publish employment ad
– If applicable, contact local union
– If appropriate, contact laid off workers
– Complete Summary of Recruitment Activities
– Submit addition supporting evidence if required.
USDOL makes Labor Certification determinations.
Receive approved petition from USCIS.
Workers apply to U.S. Department of State (at Consulate office in workers home country).
ASSEMBLING YOUR WORKFORCE - WORKER PROCESSING OVERVIEW:
After your petition for H-2 workers has been approved, we help you and your workers through the US Consulate process and finally, send you an employer’s packet to begin assembling your workers personnel files and aid in worksite compliance.
Register your petition for appointment.
Schedule your workers Consulate appointment.
We contact you and your workers regarding appointment date and time
We contact your workers with information they will need to provide at their appointment
Assist workers in document completion.
Escort workers to Consulate appointment.
Pick up worker visas, verify data and present them to each worker.
Escort workers to departure location.
Send you workers via pre-arranged transportation to worksite.
Email to you various reports and forms – governmental forms for proofing, dating, signing and keeping in personnel files.
I-9 Employment Verification
W-4 Employee’s Withholding Allowance Certification
SS-5 Application for a Social Security Card (for any worker that does not already have a Social Security Number)
Workers Process Report (so you know who was approved or denied)
Worker Profile, with personal data for your records.
Procedure for reporting worker departure and/or termination from employment prior to visa expiration.
Letter for your worker to sign regarding obligations of departure and notification on early separation.
H-2B non-immigrant temporary work visa
We are devoted to helping you determine if a temporary worker program is right for your business and, if so, we work diligently to ensure your applications are submitted in an accurate and timely manner. The H-2B non-immigrant temporary work visa programs allow you to hire foreign workers to perform temporary services, in most instances, for up to ten months per year if certain criteria are met.
