H-2B is the only legal seasonal foreign worker visa program.
The H-2B Visa Program allows U.S. businesses to hire international employees from around the world to fill job positions for a period less than a year when there is a temporary need and available and willing American workers cannot be found. There is no limit to the number of years an employer or worker can participate in the program. The H-2B visa category is widely used by U.S. employers in industries that have reoccurring labor needs that are less than a year in duration but consistent enough that the employer can effectively plan to hire Workers in this category every year. Workers from other countries are able to gain advantages from their temporary assignments in the U.S. that enhance their careers, provide good pay, and open up future career opportunities. At the conclusion of the pre-determined work period, the H-2B workers return to their home country but can reapply to return to the U.S. for 2-3 additional terms.

Who Can Apply

Employer eligibility: US companies regardless of the size of the business and located anywhere in the U.S., Guam or Virgin Islands are eligible for the H-2B program, as log as the job position offered is non-agricultural and they demonstrate a temporary need for foreign employees that is one of the following: a one-time occurrence, a peak load need, a seasonal need, or an intermittent need.
Worker eligibility: The program is open to any hardworking individual between the ages of 18 - 40 yrs. Intermediate proficiency in English language is essential to qualify . Applicants should be willing to work unsupervised and diligently in an unskilled service sector environment.

Overview

The H-2B visa is a non-immigrant visa for temporary work authorized by the US Citizenship and Immigration Service (USCIS ) to allow alien workers to legally work at a U.S. Company in accordance with the Immigration and Nationality Act Section 101(a)(15)(H)(ii)(b) and Code of Federal Regulations in 8 CFR Section 214.2(h)(6).
H2B Employment provides support to the U.S. Company for labor certification application to be submitted on behalf of the U.S. Company to the regional government agency and to the Department of Labor for approval. If the labor certification is in accordance with government regulations 20 CFR Section 621 and 20 CFR Section 655, the U.S. Department of Labor will approve the Company's labor certification application. The USCIS will approve the H-2B visa application upon a finding that the employer's need is temporary and in accordance with 8 CFR Section 214.2(h)(6)(ii)(B).

Qualifying Criteria

? The job must be temporary in nature.
? The temporary need must be a one-time occurrence, a seasonal need, a peak load need, or an intermittent need. Please check the H-2B FAQ for description of each definition.
? The term of the temporary employment must be less than one year.
? There must be no qualified and willing U.S. workers available for the job.
? The employer must pay minimum prevailing wage for the position.
H-2B Visa Cap: There is a 66,000 annual limit or cap on new H-2B visas.
Workers who participated in the program in any of the preceding three years do not count against the cap. 33,000 visas for new workers are reserved for employers whose seasonal needs start in the first half of the government fiscal year (October through March) and 33,000 are reserved for employers whose needs start in the second half of the fiscal year (April through September).

When to Apply:
We start with an application to the state employment security agency and U.S. Department of Labor (DOL). The application should be filed 120 days (four months) before workers are needed. The whole process takes 4-5 months till the new employees arrive at your site.
Each H-2B worker requested in the application by the U.S. Company will be issued visa s and authorization to work in the U.S. if they will be involved in the same services for the same period of time and in the same location in accordance with 8 CFR Section 214.2(h)(2)(ii). The H-2B visa is issued to the foreign worker by the U.S. Department of State through their overseas Consular Offices in accordance with 22 CFR Section 41.101.
H2B Employment works for you throughout the entire process of the H-2B program including coordinating the legalization process with the U.S. Company , the temporary H-2B worker and the overseas U.S. Consulate. We screen, recruit and place workers at the jobsite at no charge for the employer. However, the costs for the advertising (as required by DOL) and the USCIS petition fees are paid by the Employer.

USCIS Requirements

Before the H-2B/ Worker can begin working at the U.S. Company, the H-2B Worker must first obtain their visa. H-2B Status can be sought for a single Worker or a group of Workers who will be processed simultaneously and begin work at the same time and at same location.
? The U.S. Company is required to obtain a labor certification verifying that the H-2B Workers will not replace U.S. Workers and will not adversely affect wages or working conditions of U.S. Workers.
? The Labor Certification process requires a recruitment campaign, including advertising in local newspaper for available temporary positions. The cost of advertising is paid by the Employer.
? The U.S. Company will need to show the need for the H-2B Worker is temporary and less than 12 months and based upon a one-time occurrence, peak load, seasonal or intermittent need.
? The H-2B Worker intends to work in the U.S. temporarily and will maintain a foreign residence.
? The U.S. Company will pay the reasonable cost of return transportation for the H-2B Worker if he or she is dismissed prior to expiration of the authorized period of stay.

Employment

H2B Program gives an opportunity to obtain temporary work visa for seasonal manual work in the USA. Offered positions do not need to correspond with one's work experience or field of study. Work permit is issued for less than 12 months with a possibility to extend it for the period of 3 years. Work permit applies to specific position and employer. Any other work is illegal. At the end of the contract there is an opportunity to get a new contract with different employer and thus to extend the validity of visa. If an applicant decides to leave his current employer, he/she must return to the home country. Otherwise his/her stay in the U.S. becomes illegal.

Wages, Overtime and Payment

Generally, employees from foreign countries get same wages as the US citizens. In such case the salary for the H-2B jobs is never less than minimum wage for the specific position. Most employers pay starting from $7.00/hour. Overtime pay is at least 1.5 times the employee's regular rate of pay The salary is paid weekly or every two weeks. We will inform applicant about hourly rate of each position.

Housing, Transportation and Food

Housing: Some employers provide housing for free, others provide some contribution. However, some employers do not provide housing and employees have to find it on their own. H2BEmployment will provide you with information on ways how to find accommodation in the U.S. The cost of accommodation is usually $50 - $85 per week, depending on the location. In case the employer provides housing, its cost will be deducted from employee's monthly salary.
Transportation: Round-trip travel to and from the United States is responsibility of the worker. However, if the employer terminates the contract prior to its expirations for reasons other than worker’s fault, he is responsible by law to pay for the return ticket of the worker to his country of origin.
Food: All other expenses including food have to be covered by employee. Expenses for food are very affordable in the U.S.
Health Insurance: All H-2B program participants will receive a health insurance before traveling to the U.S.

Visa

The length of the visa depends on the length of the contract with the employer . The initial visa is for a period less than 12 months, with a possibility of extending it up to 3 years. The v isa applies only to one employer and position. This means that the employee cannot have a different job and work for a different employer other than the one stated in the visa.

Types of job positions

According to te US Department of Labor (DOL), the most typical job positions filled by utilizing the H-2B Program are: Amusement Park Workers; Cleaning and Housekeeping; Construction Workers; Drivers and Transportation Workers; Entertainers; Fast Food and Food Processing Workers; Forest Workers; Front Desk; Hospitality; Landscapers; Lifeguards; Line Cooks; Manufacturing and Warehouse Workers; Performers; Resort Workers; Retails Sales; Ride Operators; Ski Instructors and Ski Lift Operators; and Wait Staff

H-2B Visa Worker's Guide Step-by-step Process

Worker eligibility: The program is open to any hardworking individual between the ages of 18 - 40 yrs who have finished secondary education. Intermediate proficiency in English language is essential to qualify. Applicants should be willing to work unsupervised and diligently in an unskilled service sector environment.
Applicants to participate in the H-2B Program must be aware that large part of the U.S. employers start recruiting H-2B staff months before the starting date of the employment. Employers need to make sure they secured their staff in timely manner in order to avoid the visa cap reach.
We are currently recruiting applicants for the April 2009 H-2B VIsa Program. If you wish to secure job placement in the Unite States, you must apply as soon as possible. Note that thousands of applicants were unable to participate in the October 2008 H-2B Program because they applied too late for the Program.

To apply for the program, please follow these easy steps:

Step 1
submit the required documents. Your application must be accompanied with payment of the registration fee of USD 300.00. An account manager will contact you to discuss your application and your prospective job placement in the United States.

Step 2
We submit your application to the employer that best fits your qualifications.

Step 3
We apply for DOL Labor Certification on behalf of the employer. Upon receipt of the Labor Certification, we will send you a Job Offer

Step 4
Upon receipt of your payment, we will file H-2B visa petition, form I-129, with the US Citizenship and Immigration service on your behalf. All visa petitions are filed under the Premium Processing

Step 5
Upon receipt of the approved visa petition, Form I-797 Notice of Approval you will get.

Step 6
You will schedule appointment for visa interview with the US Consulate, and apply for your visa.We can help you for documentation as well.

Step 7
After you obtain your H-2B visa, you will book a flight to the United States. Please note that H-2B visa holders are allowed to arrive in the United Sates 10 days prior to beginning of their employment.

H-2B Visa Program Benefits to Workers

International workers gain many advantages from their temporary assignments in the U.S. that enhance their careers, provide good pay, and open up future career opportunities

? Secured work placement
? Guaranteed prevailing wage as would be paid to a full-time U.S. worker for the same job position
? Receive competitive salary that covers the cost of living in the U.S. and provide additional money for yourself and your family.
? Gain valuable experience working and living in the United States
? Make contacts that will be invaluable for your future career.
? Engage in productive learning about American business activity.
? Establish U.S. work credentials that enhance career advancements.
? Improve English language skills.
? Tax refund
? Gain new perspectives about American business.
? An adventure of a lifetime. Spend free time traveling and sightseeing.
? Qualify for future occupastional licensing.
? Return to the U.S. each year for up to a total of 3 years for additional employment