The H-2B visa is a temporary visa that allows a worker abroad to come to the United States to work for a business that is non-agricultural in nature for a limited period of time, usually no more than 8 months. In order to qualify for an H-2B visa, a business must attempt to recruit and hire a U.S. Citizen or Permanent Resident worker before hiring an employee that is abroad. There are several steps in involved in the H-2B process:
- Prevailing Wage Determination (PWD) - The first step in the H-2B process is to submit a PWD with the Department of Labor (DOL). The DOL will issue a PWD based on the position that the business is trying to fill and the qualifications that are necessary for the position. The wage the DOL gives must be used to recruit and eventually hire any employee in order to qualify for the H-2B application.
- The Recruitment Process - The second step in the H-2B process is the recruitment process by the business. The requirements for the recruitment process depend on the type of position that is trying to be filled and the qualifications that are necessary for the position. Porter Legal Group will work with your business to ensure that you are following all the DOL requirements and will help you keep record of all candidates that apply and are interviewed.
- The Labor Certification - The third step in the process is to apply with the DOL to get the labor certification. There are many key things that need to be included in the labor certification application, and Porter Legal Group can assist your business with this application.
- Business Petition for Temporary Foreign Worker with USCIS - The fourth step in the process is to apply with USCIS for a foreign worker. At this point in the process, the business has identified the specific worker they wish to hire. Porter Legal Group can assist your business with this application to ensure that all required documentation is included with your application.
- Interview - The last step in the process is for the foreign worker to go to the appropriate consulate and attend an interview, if necessary. If everything is approved, the foreign worker will be given a temporary visa that will allow them to enter the United States.
The H-2B process is a long process that can be made easier by having Porter Legal Group, PLLC assist your business. We will work with you on every step and ensure that you are following all regulations required by the U.S. government.