The U.S. Department of Labor oversees the H-2B visa program, which allows employers to hire temporary foreign workers in non-agricultural industries. Authorization is for a limited amount of time, often to meet seasonal need, peak-load need or intermittent need, generally for up to nine months. If you are an employer who needs such workers, the immigration attorneys at Pollack, Pollack, Isaac & DeCicco, LLP in New York City are ready to help. Since the 1980s, our immigration department, under the leadership of Conrad E. Pollack, has provided determined advocacy for employers and workers. We know the frustrations our clients experience when dealing with the complex and impersonal bureaucracy. Our knowledgeable lawyers help you navigate the visa system effectively in order to meet your goals.
Employers who have a seasonal or short-term demand for labor that cannot be met domestically can file an Application for Temporary Employment Certification with the U.S. Department of Labor. In doing so, the employer promises that its H-2B visa workers (and non-visa workers doing substantially the same work) will meet several requirements, including:
The employer is required to keep accurate records of workers’ earnings, hours of work offered and hours actually worked. As for visa expenses, the employer is required to pay for visa, border crossing and visa-related expenses for their H-2B workers, by advance payment individually, direct payment to service providers or reimbursement during the first workweek. Under certain circumstances, employers may be required to pay daily commuting costs for the first workweek. Employers are also required to pay return transportation and subsistence costs after the completion of the work period.
As for the hiring and recruitment of workers on H-2B visas, employers must:
Foreign employees must understand that H-2B visas are not for immigration purposes. To apply, they must:
The Wage and Hour Division of the U.S. Department of Labor is charged with oversight of all H2-B applications.
If an employer cannot find U.S. workers to fill positions, the employer may begin the H-2B application process by requesting a temporary labor certification with the U.S. Department of Labor and filing Form I-129 with the original temporary labor certification to the U.S. Citizenship and Immigration Services. From there, prospective workers outside of the U.S. must apply for a visa and/or admission with the U.S. Department of State or at a U.S. Embassy or Consulate in their home country. Once approved, they can come into this country through a port of entry. To learn more about the H-2B visa application process, consider contacting an experienced U.S. immigration lawyer in New York who has helped thousands of employers and workers prepare all of the necessary paperwork.
Pollack, Pollack, Isaac & DeCicco, LLP in New York City assists businesses and workers with requirements for the H-2B visa program. If your U.S. business is facing staffing shortages during peak seasonal demand, speak to an immigration lawyer with experience guiding applications successfully through the complex process. Call us today at 800-223-2814 or contact us online to schedule a consultation.
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