Chapter 1: Introduction to the H2B Visa

The H2B visa is a nonimmigrant visa that permits employers to hire foreign workers for temporary, non-agricultural jobs in the United States. This chapter provides a comprehensive overview of the H2B visa, including eligibility requirements and benefits of the visa.

Section 1.1: Eligibility Requirements

To be eligible for the H2B visa, employers must meet the following requirements:

• The job is temporary and non-agricultural.

• There are not enough U.S. workers available to fill the position.

• The job will not adversely affect the wages and working conditions of U.S. workers.

• The foreign worker meets the qualifications for the job.

Section 1.2: Benefits of the H2B Visa

The H2B visa offers several benefits for employers, including the ability to hire skilled workers for temporary positions when there are not enough U.S. workers available. The visa also allows employers to fill positions during peak seasons or when there is a shortage of workers in a specific industry.

Chapter 2: Labor Certification with the Department of Labor

The first step in the H2B visa application process is to file a labor certification with the Department of Labor (DOL). This chapter provides a detailed overview of the labor certification process, including determining the prevailing wage, conducting recruitment, filing the ETA Form 9142B, and responding to DOL requests.

Section 2.1: Determining the Prevailing Wage

Before filing a labor certification with the DOL, employers must determine the prevailing wage for the position they intend to fill. This section provides an in-depth overview of how to determine the prevailing wage, including submitting a request to the National Prevailing Wage Center (NPWC).

Section 2.2: Conducting Recruitment

Employers must conduct recruitment to try to find U.S. workers to fill the position before hiring an H2B worker. This section provides a comprehensive overview of the recruitment process, including placing ads in local newspapers and on job boards, and keeping records of recruitment efforts.

Section 2.3: Filing the ETA Form 9142B

Once the prevailing wage has been determined and recruitment has been conducted, employers must file the ETA Form 9142B with the DOL. This section provides a detailed overview of the ETA Form 9142B, including the required information and the filing process.

Section 2.4: Responding to DOL Requests

The DOL may request additional information about the labor certification application. This section provides a detailed overview of how to respond to DOL requests promptly and provide all requested information.

Chapter 3: Filing an H2B Petition with USCIS

After obtaining a labor certification from the DOL, employers can file an H2B petition with the United States Citizenship and Immigration Services (USCIS). This chapter provides a comprehensive overview of the H2B petition process, including completing Form I-129, including supporting documents, paying filing fees, responding to USCIS requests, and waiting for approval.

Section 3.1: Completing Form I-129

Form I-129 is the petition for a nonimmigrant worker. This section provides a detailed overview of how to complete Form I-129 to request an H2B visa for the foreign worker.

Section 3.2: Including Supporting Documents

Employers must include supporting documents with their H2B petition, such as the labor certification from the DOL, evidence of the temporary nature of the job, and evidence of the foreign worker's qualifications for the job