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H-2B Participants - Frequently Asked Questions 1) What is the duration of an H-2B extension with CHI? 1) What is the duration of an H-2B extension with CHI? When employers file for an H-2B visa, they are stating that they have a seasonal need for workers. This can be anywhere from 4-10 months.2) When should I look into getting an extension for my current visa? We suggest that you begin looking for an extension 3 months before your I-94 expires. This will give you time to submit all your documents, possibly have a choice in your employer, and make travel preparations to the new location.3) What states does CHI offer employment in? We staff for several states around the U.S. including, but not limited to; New Hampshire, California, Florida, Virginia, New Mexico, Nevada, and more. These are changing as we are open to working with new employers every year. If you would like to check if an employer is hiring H-2B participants or working with CHI, check the list of H-2B certified employers for available positions.
4) What kind of businesses do you staff, and what positions are available? We staff for many different types of business from resorts to restaurants - but most of our employers are in the hospitality industry.
5) Do you always have open petitions? No, we do not always have open petitions. However there are times when we will have two or more available. It is always good to call months before your current visa expires so that we can better plan for the filing process, or refer you to another agency if we do not have what you are looking for at that time.6) How long does it take to get an H-2B approval? Once the petition is filed and sent to the attorneys and the Department of Labor, it can take anywhere from 2-4 weeks to be approved. However sometimes we recruit for several months - so you may have to wait that duration before the actual filing.7) Are there ever petition denials? What happens after a petition has been denied? Yes, we occasionally receive denials. In this situation, it is up to the employer to re-petition, and then wait again for approval. It is rare that denials happen. More frequently we receive a RFE - Request For Evidence - in which case we collect any missing documents or information in question, re-submit them, and once again wait for approval.The possibility of denial is another reason it is favorable for participants to join a petition for an H-2B extension months before I-94 expiration date. If we have enough time we can try to find new petitions if necessary. 8) 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.
9) What do my fees cover? Our fee for an in country H-2B extension is $600. We are able to offer an in-country extension at a low cost because we are a non-profit. The participant fee covers our in-house operating costs, attorney fees, and services rendered during the petition process.This $600 also includes a non-refundable $50 application fee - which is a small charge to process your documents and information before filing, and will not be returned in the case of a refund.
10) Under what circumstances will I receive a refund? There are several circumstances in which you will receive a refund of $550 after we have begun processing your documents.
(ii) If you as a participant violate any of the terms outlined in the signed CHI Contract BEFORE filing, you may receive a refund. (iii) If you as a participant decide to leave the country BEFORE filing, you may receive a refund. (iv) Or if we CHI or the employer for any reason decide you as a participant will not be added to the petition, you will receive a refund.
(ii) Violate the terms of the signed CHI Contract (iii) Fail to show up for your job (iv) Are terminated for any reason (v) Or you are not approved on the petition; you will NOT receive a refund of any monies. 11) Can I request a change of status? Yes you may request a change of status. You as the participant have to be in legal status and show proof that you are currently working for the employer stated on your current I-94.If you are currently in the U.S. on a J-1 visa, we highly recommend that you return home per your visa commitment and re-apply to enter the U.S. on an H-2B visa. At that time CHI would be more than happy to assist you in filing an extension. For questions about the risks involved with changing from J-1 to H-2B please contact our attorney.
12) 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 U.S. employers to bring international participants to work in the U.S. 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 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.
13) Can I return home and come back to the U.S.? We highly recommend that you stay and file for extensions for up to three years. It can be very difficult to get another visa back into the U.S. However if you have a letter from your current employer stating that you need to leave because of an emergency situation, chances are good that you may be able to return (no guarantees).14) Can I enter the U.S. from out of country on the H-2B visa? You may enter the U.S. from another country by following the appropriate steps. However CHI only has partners in select countries that we recruit from. If we do not have a partner in your home country, you may contact another agency for your U.S. working visa, and later file an H-2B extension with CHI.
15) What is the H-2B "cap" and what happens if/when 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 effect limits our ability to bring new workers into the U.S. For this reason we often staff our employers with rollover participants, i.e. participants who have already been working in the U.S. on an H-2B visa and we file an extension for them. There is no limit on H-2R's coming back in the country for employers they have already worked for.
* 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 |