The following is the general H2B two step process and information. (printable version)
The legal foundation and principles:
The utilization of foreign labor is based on the fact that the US Labor market does not have sufficient labor available to perform certain kinds of jobs
The US Bureau Of Citizen and Immigration Services (formerly known as the INS) makes provision for a special class of temporary non-immigrant worker, to fill these jobs in diverse industry and trade sectors. They approve the utilization of these workers based on a specially applied and granted permit, called an H2A or an H2B permit.
The positions applied for needs to be clearly defined and described as a labor need, which arises due to a seasonal phenomenon (like the weather in the winter) or due to a distinctive peak period workload (e.g. summer travel and tourism cycles).
- Process Step 1 the DOL (Department of Labor)
Obtain Labor Certification:
Obtain a seasonal labor certification from the Department of Labor (DOL) – takes 6 to 8 weeks. This certification means that the labor department will certify you to employ foreign workers, once they are convinced that you do have seasonal/high peak worker positions available for which there are not enough suitable local workers to do the work.
This phase of the application has six (6) main elements, with which we will gladly assist you:
- •The writing of a “justification letter” from the employer.
- •The correct identification of the specific position’s “occupational title” as defined by the DOL.
- •The submission of a request to the DOL for the wage structure identified with the “occupational title”.
- •The placement of an advertisement in a local newspaper within your area.
- •Recruitment of local workers by local advertising and placing of job-order.
- •Final report to DOL, which we will do on your behalf.
- Process Step 2 the BCIS (formerly the INS)
Obtain permit approval from the BCIS (formerly INS):
Once the labor certification has been obtained, an application can be submitted to the BCIS for the issuing of the H2-B work permits.
This part of the process can also take from 30 days up to 120 days. The process (Labor certification and visa application) can take up to 16 weeks (approx - 4 months). We therefore encourage our prospective clients to start early – to prevent disappointment.
We also advise our clients to do Premium Processing which will speed up the whole process substantially – and is suppose to guarantee that the process will be processed and approved within 6 weeks.
The INS approval will be sent to a US consulate in the worker’s country, where the consulate will issue the worker(s) H2-B permit.
The permit(s) are valid for as long as the labor certification is granted (normally 6 – 10 months), depending on the seasonal need.
- H2B Program Regulations for the Employer
