H-2B Visa Application Process

H-2B Visa Application Process

H-2B Visa Application Process

The process for an H-2B visa begins with the U.S. employer filing ETA Form 9141, Applicationfor Prevailing Wage Determination, with the Chicago National Processing Center (CNPC).Next, the U.S. employer should submit a job order with the State Workforce Agency (SWA) ofthe U.S. Department of Labor (DOL) serving the area where the employment is intended. Afterreceiving the application, the SWA will check the job order request for errors or omissions,prepare a job order, and keep it in the Employment Service System for 10 days (but not morethan 120 days) before the workers are actually needed.

After filing the application with the SWA, the U.S. employer has to show that it has made allefforts to recruit U.S. workers for a specific job before beginning to recruit foreign nationalsto fill that particular position under an H-2B visa. This process begins by contacting localunions. The employer should maintain copies of any correspondence with the unions contactedas well as a record of the outcome and any qualified referrals received from the union. TheU.S. employer should also post two printed advertisements for three consecutive days in ageneral circulation newspaper, including one Sunday newspaper, in the area of the intendedemployment. Alternatively, the employer can post its advertisement in a professional, trade, orethnic publication, depending on which course of action is most appropriate for the occupationand most likely to bring responses from U.S. workers.

These advertisements must be publishedat the same time that the SWA job order is posted.

After the U.S. employer has completed its recruitment process, the employer continue the H-2B visa application process by submitting an ETA form 9142, Application for TemporaryEmployment Certification, along with Appendix B.1 and a Recruitment Report to the CNPC.This application can be filed up to 120 days before the workers are needed. A certifying officerat the CNPC will review the applications to confirm that they are compliant. Next, the U.S.employer must file a visa petition, Form I-129, with U.S. Citizenship and Immigration Services(USCIS). On approval of the visa petition, the employee abroad will submit his or her ownapplication for an H-2B visa to a U.S. consulate. The employee can use their visa to enter theU.S. and claim their H-2B visa status.

After mailing in the petition, the employer should receive a Form I-797, Notice of Action, withina few weeks, which is confirmation that the H-2B visa papers are being processed and also actsas a receipt for the fee submitted. If USCIS wants further information before deciding whetherto issue an H-2B visa for the foreign worker, it will issue a Request for Evidence. The employershould provide the extra data requested and mail it to the USCIS service center. Instructions onwhere to send the additional evidence as well as a deadline for submission will be detailed on theRequest for Evidence.

POST COMMENT

A thousand Calorie Problem Application Get the Optimum Benefit of ASP.NET Applications With ASP.NET Consulting! Explore Fantastic Applications With LG Optimus 2X Unlock Codes Understanding Basic principles Of Net Application Firewalls Applications Fiberglass Cloth Asyluum application (North Korea (DPRK) National , could lawfully be removed from the UK to South Korea (ROK) ) Do You Know All About the Scope of .NET Application Development? Web Application Development – Custom or Readymade The Background and Applications of GRP Grating Well-Performing Application is Goal of Performance Testing UV Marker Pen can be Used for Number of Applications Jaw crushers and cone crushers have many applications All You Need To Know About Abilify And Its Applications