CHI ISSP H-2B
Temporary/Seasonal Worker Visa

The H-2B visa is commonly used for seasonal workers, such as landscape laborers, cleaners, hotel and restaurant employees, etc., although it can be used for any occupation where the need for the worker is less than one year. There is no limit to the number of employees you can sponsor for one occupation.

H-2B Visa Requirements:
1. The job and the employer's need is one time, seasonal, peak load or intermittent.
2. The job is for no more than 10 months.
3. There are no qualified and willing U.S. workers available for the job.
4. The employer will pay the prevailing wage for the position, which can be found at the Online Wage Library.

Visa Filing Process:
Step 1

CHI will file for the prospective employer a temporary labor certification application with the local State Workforce Agency (SWA) to test whether there are U.S. workers available and interested.

The application includes:
1. Form ETA 750, Part A.
2. Documentation of any efforts to recruit U.S. workers the employer may have made before filing the H-2B application.
3. A statement explaining why the job opportunity is temporary and why the employer's need for the work too be done meets the standard a one time occurrence, a seasonal need, a peak load need, or an intermittent need. Documentation might include contracts, lists of projects and timeframes, as well as narrative explanations.
The application must be filed between 120-60 days before the need for the H-2B worker, and it may be for more than one position. The employer must pay the prevailing wage for the position.

The SWA supervises a recruiting campaign to test the market for U.S. workers. The recruitment consists of:
1. CHI will run a job order for 10 days in the SWA job bank.
2. CHI will run an advertisement for the position in a newspaper of general circulation for 3 consecutive days or in a professional, trade or ethnic publication, whichever is most appropriate for the occupation and most likely to bring responses from U.S. workers. The ad will refer workers to the SWA, which will forward the resumes to the employer.
3. CHI will prepare a report on behalf of the employer's recruitment report summarizing the results of the effort. This recruitment report includes names and addresses of applicants and lawful reasons for not hiring the interviewees.

The DOL regional certifying officer will grant certification if he/she finds that qualified persons in the United States are not available for the H-2B position and that the terms of employment will not adversely affect the wages and working conditions of workers in the United States similarly employed.

The temporary labor certification process normally takes about two months.

Step 2

CHI will file for the employer an I-129 petition for a non-immigrant worker with Citizenship and Immigration Services.

The CHI H-2B petition includes:
1. Form I-129, Petition for Nonimmigrant Worker
2. Filing fee of $195
3. Anti Fraud fee of $150
4. An allotment of $500 towards your advertising fees
5. Filing of the premium processing I-907 form for $1,000
6. Temporary Labor Certification Approval Notice
7. Letter of support from the employer
8. Proof that the worker meets the minimum requirements for the position (employment letters, training certificates, etc.)

The H-2B petition normally takes about two months to be processed. Premium processing is available to guarantee a decision in two weeks (unless there is a request for additional evidence). Premium processing costs $1000. In practice, premium processing is necessary to get the workers to the United States in a timely fashion.

If one of your H-2B workers is already in the United States in valid nonimmigrant status (I.e. not an overstay), then this worker may be able to change status in the United States through the I-129 H-2B petition. In most cases, the person will not need to return home for a visa.

Step 3. A candidate outside the U.S. must apply for an H-2B visa at a U.S. Consulate in their country.

CHI-H-2B visa application includes:
1. Form DS-156, Application for a Nonimmigrant Visa
2. Form DS-157 (if male between the ages of 16 and 45)
3. Filing Fee of $100 + reciprocity fee, if any
4. Copy of Notice of Approval of H-2B Petition
5. Passport
6. One passport-style photo
7. Evidence of ties to the home country (family, property, current occupation, etc.)
8. Job offer letter for each participant written on the letter head of the H-2B certified employer.
9. A detailed letter describing housing, transportation, Social Security, wages, and arrival instructions for each participant.

The Consulate needs to make sure that each applicant has proven strong ties to their country so that he or she will return home after their work period ends. Such ties include family, property, school, or other jobs. The applicant should take birth certificates of children, a marriage certificate, etc. to the interview. Workers who are denied may be substituted by other applicants, as long as the job does not require any special skills or experience.

Consular processing for the H-2B visa normally takes a few weeks, depending on the schedule of the Consulate.

Upon entry, the H-2B worker will be given contract which will have the employment dates listed, as stated in the nonimmigrant visa petition. The worker may come to the United States 10 days before the authorized work period and stay 10 days later.

Note: If the H-2B worker is terminated early, the employer maybe liable for paying reasonable transportation costs home.

Timing of the H-2B Visa Process and the H-2B Visa Cap

There are only 66,000 H-2B visas available each fiscal year, and they ran out this fiscal year (FY2005) on January 4, 2005. Unless Congress authorizes more H-2B visas, this will be a recurring problem, and prevents employers with a peak load in the summer from making use of the program.

It is recommended to begin the H-2B process as early as possible, but no more than 4 months ahead of the time when you will need the H-2B workers.

New H-2B visas become available at the start of the fiscal year on October 1. You can apply for these visas starting June 1.

Benefits of working with CHI

• Complete review of all your business documents to qualify you for H-2B.
• Identification of important legal issues that may affect your H-2B visa application.
• Accurate preparation of your H-2B visa application.
• Submission of your visa application to the proper government agencies.
• Careful co-ordination of all correspondence with government agencies.
• Expert advise on how to handle yourself at your Consular or USCIS interview, and what to expect.
• Online access to your case status
• 24/7 emergency assistance.
• Unlimited personal communication with CHI.
• Social Security assistance

* All information on this website (including mention of fees) is subject to change without notice.