The H-2B Visa program allows employers to hire nonimmigrant, seasonal, non-agricultural foreign workers to work in the United States. H-2B Visas are used in a wide variety of industries like Construction, Landscaping, Entertainment, Food Services, Janitorial Services, Hotels and Motels etc.
In this article we’ll learn about the process and the required supporting documentation for employers to apply for H-2B temporary work visas.
The H-2B application process
The H2B visa procedure includes asking the U.S. Department of Labor to Certify that there are no United States workers who are able, willing, and qualified to perform the work that the employer wishes to fill.
As part of that process, an employer must also establish that it has a temporary, rather than, permanent need for workers. The temporary needs may be seasonal, intermittent, peak load or a one-time occurrence, and the job duration must be less than one year. The Employer must also establish that it has a need for the amount of temporary workers that it is requesting and that it has the ability to pay for those employees.
H-2B Employer Supporting Documentation
An employer must submit supporting documentation when filing its Application for Temporary Labor Certification. These documents include:
- The past 3 years of federal tax filings (usually quarterly 941s) to show seasonal or temporary need for additional workers during part of the year.
- Work contracts from their clients showing that there is additional demand for work during specific months or time periods of the year.
- Payroll spreadsheets showing the number of workers per month for the last 24 months in the same job opportunity.
- Business plan (for new businesses), showing the intention of how to use workers in the coming year.
- Documentation to establish the business is in good standing.
Employers should be prepared to submit at least 3 of the aforementioned document types. If not all of these are available, Wyngaard Law Immigration Lawyers can help you brainstorm to strategize which business documents can satisfy the requirements of Temporary Labor Certification.