H2B Immigration Visas
Many employers find that they are unable to recruit a sufficient workforce to meet their labor needs. Sometimes, it is necessary for these employers to hire foreign workers on a temporary basis. U.S. law permits employers to secure immigration visas for temporary, non-agricultural workers. They are called H-2B visas and they allow foreign nationals to come to the United States on a temporary basis when there is a seasonal, intermittent, or one-time need.
Many businesses have greater labor requirements in the late spring, summer and early fall. These businesses include landscapers, contractors, and painters. These types of employers have a difficult time hiring temporary employees from among the U.S. labor force. They may wish to obtain one or more H-2b visas so that they can legally hire foreigners for a temporary period.
The H-2b visa process is not simple. The first step is to obtain a prevailing wage determination from the U.S. Department of labor’s National Prevailing Wage Center. After an employer obtains the prevailing wage for the position that he or she is recruiting workers for, the employer may then submit an application for a foreign labor certification from the Chicago National Processing Center (form 9142b).
If a notice of approval is issued by the Processing Center, the employer must then actively recruit U.S. based workers by submitting a job order to the State workforce Agency in his or her state. The employer must also post an advertisement for the position in a newspaper of general circulation.
Once the Department of Labor is satisfied that the employer has expended reasonable efforts in recruiting U.S. based workers, it will issue a Labor Certification permitting the Employer to request H-2b immigration visas from the USCIS / Department of Homeland Security by filling out and submitting form I-129.
After issuance of the visas, the employer must then coordinate with a consulate in the country where the employees are located. The consulate will set up visa processing interviews and issue the visas. This process allows foreign workers to enter the U.S. legally.
An employer should budget at least 6 months and thousands of dollars in costs to bring a single foreign worker into the United States. It is a costly, time consuming process that involves several state and federal government agencies. It also involves complicated provisions of immigration and employment law. The firm of Howard, Lewis & Petersen is well situated to assist you with your H-2b immigration needs. Our attorneys have successfully navigated this process, and understand how to assist clients in getting the labor force they need to achieve success.
