H-2B visa – requirements and procedure

gn national is certified with the H2-B visa certification it cannot be transferred from one employer to another employer; .the certification is only to authenticate the specific job, specific number of workers and for the employment period.

Generally there is a numerical limit for the number of foreign nationals who will be accepted for the H-2B visa during financial year. Once the ‘cap’ or numerical limit is reached, USCIS will not accept the petitions for H-2B visas. The process of H2B visa is a multi-step process.

Step one: The employer who petitions the employee must submit a temporary labor certification application to the Department of Labor.

Step two: After obtaining the approved temporary labor certification form the Department of Labor, the employer should file Form I 129, Petition for Non-immigrant Worker .The approved labor certificate should be filed with the form I 129 .

Step three: Once the form I 129 is approved by the USCIS, H2-B visa holders who are outside the US, may apply with the US Department of State at the Consulate abroad or US Embassy for H2b visa.
The H-2B visas will be only approved for nationals of countries that have been designated by the Homeland Security.
The list of eligible countries for H-2B visas vary from year to year. The visa does not guarantee entry into the US, as it can be denied at the port of entry. The officials at the port of entry issues the Arrival and Departure Record which shows the extension of stay. However, the decision to grant or deny the extension is decided by the USCIS.


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