According to WY Consultant (see Resources), the H-2B visa is for those "who want to temporarily live in the USA, working in seasonal and fun jobs." The H-2B visa helps employers that have a peak, seasonal need for more workers find enough manpower when there are not enough interested, qualified or available employees in the U.S. It also helps people from other countries who would like to live and work in the U.S. temporarily by allowing them to have the same benefits U.S. citizens and permanent residents enjoy. An H-2B visa is good for a period of one year, and the employer can petition to have it extended twice. Here are the steps the employer and visa applicant need to follow to get an H-2B non-agricultural work visa.
Sponsoring a Foreign Worker
Step 1
Fill out the temporary labor certification. This must be done from six months to 45 days before the day you need the worker to begin. (In emergencies, the State Workforce Agency, or SWA, can expedite this, provided they receive labor market information quickly enough to determine if there are any U.S. workers that can be available for the job.)
Step 2
File the temporary labor certification. You must file with the regional administrator or SWA office closest to you either in person, by certified mail or by commercial delivery. The approval time period is three weeks.
Step 3
Fill out the forms you need to file to sponsor the worker. These are Forms I-29 and supplement I-29 H. You'll submit these along with your approved temporary labor certification.
Step 4
Prepare the documents you'll submit with your petition. These documents must show the need is temporary and that there are no interested or available workers in the U.S. Examples of these documents are copies of ads in newspapers, a contract signed by the worker, letters of intent from clients showing need for more workers, payroll records and invoices. You must also submit proof that your workers meet the minimum qualifications required for the job.
Step 5
Submit your complete packet to the U.S. Citizenship and Immigration Services and pay the required filing fee. You'll hear from them if your petition was approved or denied.
Applying for an H-2B Visa to Work in the U.S.
Step 1
Once you get the Notice of Affiliation (Form I-797A or B) or approval notice sent to the employer when the petition was approved, go to the U.S. consulate to get the forms you need to apply for the visa. These are the DS-156 and DS-157 (if you're a male between 16 and 45).
Step 2
Fill out the visa application forms and get the rest of the information you'll need to submit with your application. These include a passport that is valid for a period of at least six months after the end of your stay in the U.S. that has at least one blank page, two color photos showing your full face with no head covering unless it's required because of a religious practice, and documents that prove that you meet the minimum requirements for the job you'll be performing as was stated by your employer on his petition.
Step 3
Submit all of your information to the consulate and pay the required filing fee. Once you're approved, if you have a spouse or children under 21 who wish to go with you or meet you in the U.S., you must file for H4 visas for them. Remember that H4 visa holders are not allowed to work in the U.S.
