Skip to main content

Video - H2B

What is the H-2B Visa Filing Process?

By November 18, 2022May 30th, 2024No Comments

Transcript: What is the filing process for an H-2B Visa?

Hi, everyone. I’m attorney Hashim Jeelani, principal at Jeelani Law Firm. Over the last 10 years, Jeelani Law Firm has successfully filed thousands of immigration cases with immigration agencies throughout the United States and overseas.

So let’s start with a quick overview of what an H-2B is and then we can go over the entire filing process. The H-2B program can be used by employers that demonstrate temporary, seasonal, or peak load shortage of staff, and need of additional workers. This is often the case for our clients in the construction, trucking, hospitality, and restaurant industries that have peak seasons. There are 66,000 H-2B visas available for employers to use.

How long does the process take? The H-2B program process typically takes five to eight months to complete. How long can the workers come for? Through this visa type, workers can come to the U.S. and work for up to nine months in a one-year period with the additional approval. Thereafter, the employee must leave for a period of three months and can come on an H-2B visa again for another nine months. What are employers’ obligations? Employers of the H-2B workers are obligated to pay for the wages, visa application, transportation, and accommodation of the workers. Typically these costs are well worth it for our clients that are losing hundreds of thousands, if not millions of dollars, and need workers now. Can the employee’s family members come with them? Yes, the employee’s family, which means their spouse and their children under the age of 21, can accompany them under the dependent H4 visa.

So what is the filing process for H-2B? Step 1: file a prevailing wage request. Step 2: file a job order with the state wage agency. Step 3: file an application for temporary employment certification with the Department of Labor, at the 90-day mark, or soon after to avoid the cap being reached. Step 4: begin local recruitment within 14 days once the DOL sends you a new notice of acceptance. Step 5: file a recruitment report with the DOL. Step 6: once the DOL certifies the application, file the employer petition with USCIS. Step 7: assuming all goes well, USCIS will approve the petition. H-2B visa filings are very time sensitive and complex. Our firm routinely handles H-2B filings from beginning to end for large, mid-size as well as small operations.

If you have any questions specific to your case, or need more information, call our office to schedule a phone consultation with a senior attorney at Jeelani Law Firm. Thanks for watching this video. I’m attorney Hashim Jeelani. Don’t forget to click the like, subscribe, and bell buttons to be notified every time I upload a new video.

Jeelani Law Firm, PLC

JEELANI LAW FIRM, PLC is regarded as one of the top immigration law firms in the industry. We handle all immigration matters including family based adjustment of status/green card cases, citizenship filings, representation of businesses and employees when filing L1A/B Petitions, H1B petitions, and Permanent Labor petitions. Our firm also litigates immigration cases dealing with delayed adjudications as well as appellate matters before the U.S. Federal Courts, U.S. Immigration Courts, USCIS and the BIA. Given the complex nature of immigration law, inexperience can lead to many mistakes which may result in delays, denials, and loss of filing fees and valuable time. Contact our office and we will take care of the rest.