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H-2B Employers - Frequently Asked Questions 1) How long has CHI been in the H-2B industry? 1) How long has CHI been in the H-2B industry? CHI was founded in 1980 with the Group Homestay program. We now have over 12 different cultural exchange programs currently in process under the CHI umbrella. We began our work with H-2B visas in 2000 and have continued to grow throughout the years. We have expertise in immigration law, H-2B extensions, Employer Certification, and employing out of country H-2B participants.
2) How do I know if I meet the requirements to be an H-2B certified employer? If your need is one-time, seasonal, peak-load, or intermittent, the job is no more than 10 months, and there are no qualified/willing U.S. workers available for the job then you may qualify to file for H-2B workers. We at CHI can take you through the steps of proving your seasonal need, advertising for workers, getting certified, and filing a petition.
a) What is a 'one-time occurrence'? The petitioner must establish that the petitioner has not employed workers to perform the services or labor in the past and the petitioner will not need workers to perform the services in the future, or that it has an employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary occurrence.b) What is a 'seasonal need'? The petitioner must establish that the services or labor is traditionally tied to a season of the year by an event or pattern and is of a recurring nature. The petitioner shall specify the period(s) of time during each year in which it does not need the services or labor. The employment is not seasonal if the period during which the services or labor is not needed is unpredictable or subject to change or is considered a vacation period for the petitioner's permanent employees.c) What is a 'peak-load need'? The petitioner must establish that it regularly employs permanent workers to perform services or labor at the place of employment and that it needs to supplement its permanent staff at the place of employment on a temporary basis due to a seasonal or short term demand and that the temporary additions to staff will not become a part of the petitioner's regular operation.d) What is an 'intermittent need'? The petitioner must establish that it has not employed permanent or full-time workers to perform the services or labor, but occasionally or intermittently needs temporary workers to perform services or labor for short periods.3) How long does it take to get certified? It can take anywhere from 90-120 days on average to get certified. In rare cases it has taken longer and in some instances shorter, but it ultimately rests on the speed of the final determination letter from the Department of Labor (DOL) and final approval from the Citizenship and Immigration Services (CIS - formally INS).4) How long before I need my workers should I file? We recommend that you file for your H-2B staff 4-6 months before the actual need for workers. This will give you as the employer time to complete your certification, advertise for US workers, prepare the paperwork, recruit participants, and file with DOL and CIS.
5) How much does it cost to file for workers with CHI? The average filing cost varies from employer to employer depending on the size of the petition. The main cost will be the legal fees to file the petitions; however the CHI recruiting fee is at ZERO cost to the employer. It is advised that you contact our department for cost estimates that will reflect your individual staffing needs.
6) How many or how few workers can I file for? As an H-2B certified employer you may file for as few as one worker or as many as is necessary to fill your staffing needs. A separate petition must be filed for each position that is being recruited for (i.e. one petition for housekeepers and a separate petition for kitchen staff). Each petition cost will vary depending on the amount of workers and the number of petitions.
7) What are the payment guidelines for international workers? It is stated that all H-2B visa holders are required to be paid prevailing wage for the position they were petitioned for, and they may NOT work for an employer other than that listed on their I-94.
8) What is the H-2B "cap" and what happens if it hits? The cap is a number (currently 66,000) issued by the U.S. government to limit the amount of working visas given out to internationals. This in affect limits CHI's ability to bring in new out-of-country workers into the U.S. For this reason we often staff our employers with rollover participants, e.g. participants who have already been working in the US on an H-2B visa and may receive H-2B extensions. There is also no limit on H-2R's coming back into the country for employers they have already worked for. They may receive H-2B extensions through CHI as well.
9) What is the difference between in-country and out-of-country participants? Both in-country and out-of country participants can be recruited to fill your staffing needs. There are times we recruit specifically out of country if an employer requests a specific country of origin, however more frequently we will rely on in-country participants. While out-of-country entries require extended notice for travel time, visas into the U.S., and can be impacted by the cap, in-country rollovers are those already working in the U.S., can arrive to the new employer with reference letters, contacts, and social security numbers, have a shorter travel time and a greater level of acclimation to American soil. For these reasons we tend to rely more on our in-country participants.10) What type of positions do you fill? We fill several types of positions mainly in the category of hospitality. However if you have a need for skilled workers i.e. lifeguards, chefs, ski instructors etc, please ask us about recruiting for these types of positions.11) Will my workers speak English? Yes! It is a requirement that all H-2B workers speak conversational English - although some are more comfortable with the language than others. If there is a skilled position that has specific requirements or certificates needed, the participant will be asked to submit the required documents and go through an interview process before they are added to that petition.12) Does CHI provide housing for the participants? CHI is a recruiting agent and housing is not included in our participant fees. Our priority is to find jobs for our participants, fully staff our employers, and file petitions with complete paperwork. We at CHI care about our participants and we understand that it can be difficult to move from job to job after their contracts expire. We will do everything we can to help participants secure housing. We also understand that it is in the best interest of the employer to have a staff that is nearby so that they can arrive to work in a timely manner (many of them may not have a vehicle for transportation to and from work). It is our hope that we can team up with each employer to come up with a scenario that pleases all parties involved. However, CHI cannot guarantee that housing we secure will please every participant either by location or cost, so we open the doors for them to look for their own amenities and create a favorable living environment. CHI is a resource, but each participant is advised to dtheir own research and find solutions that work for them.
13) What is the difference between a Q-1 and an H-2B visa? The Q-1 Visa is a cultural working visa. Q-1 allows US employers to bring international participants to work in the US without the interference of a cap. It has the benefit of a very brief certification period of 15 days, with a certification of up to 15 months. After the 15 months on this visa, participants must return to their home countries. The requirement of the employer is that you find a way to incorporate the culture of your staff into the position and share it with the general public (i.e. having a name tag with a flag of the workers' home country, or post cards customers can take that have recipes on the back).The H-2B visa is most commonly used for seasonal workers such as landscape laborers, cleaners, hotel and restaurant employees, etc. However it can be used for any occupation where the need for workers is less than one year.
* All information on this website (including mention of fees) is subject to change without notice.
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| OPENING DOORS TO THE WORLD SINCE 1980 |
| Cultural Homestay International |