Employer Files a Labor Certification Application: Before an employer can file a petition for H-2B workers, they must apply for and receive a labor certification from DOL. This certification confirms that there are no qualified U.S. workers available for the job and that hiring foreign workers won't have a negative impact on U.
Employer Files a Petition for H-2B Workers: Once the labor certification is approved, the employer can petition for H-2B workers with the USCIS. The petition must include documentation to demonstrate that the employer has a legitimate temporary need for the workers and that the workers are qualified for the job.
Workers Apply for H-2B Visas: After the petition is approved, the H-2B workers can apply for their visas at a U.S. consulate or embassy in their home country. They must provide documentation to demonstrate that they are eligible for the visa, including proof of their qualifications and employment history.
Workers Enter the U.S. and Begin Work: Once the workers have been issued their visas, they can enter the United States and begin work for the employer. The H-2B visa is valid for the employment period specified in the petition, typically up to one year.
Employers and workers must carefully follow the H2B visa processing procedures and provide all necessary documentation to ensure a successful application process.
