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Effective Jan. 18, 2016, nationals from the following countries are eligible to participate in the H-2B program:
Papua New Guinea
A foreign national whose country is not included on this list may only be granted an H-2B visa if the U.S. Secretary of Homeland Security determines that it is in the U.S. interest for that foreign national to be granted the H-2B visa.
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To qualify for H-2B visa classification, an employer must show:
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- That there are not enough U.S. workers who are able, willing, qualified, and available to do the job;
- That hiring the foreign worker will not decrease pay for U.S. workers in similar jobs or adversely affect the working conditions of similar U.S. workers.
The following are the steps for the H-2B visa program:
- The employer submits a Temporary Labor Certification application to the Department of Labor (DOL);
- After receiving a temporary labor certification, the employer must submit a Petition for Nonimmigrant Worker (Form I-129) form requesting H-2B workers;
- Prospective H-2B workers may apply for the H-2B visa with the U.S. Department of State, U.S. embassy or consulate abroad, or U.S. Customs and Border Protection (CBP).
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An H-2B visa holder may remain in the U.S. for the period of time approved on the Temporary Labor Certification, usually no longer than one (1) year. The H-2B visa may be extended in one-year increments. The maximum period of time that an H-2B visa holder can remain in the U.S. is three (3) years. After a stay of the maximum three years, an H-2B visa holder must leave and remain outside the United States for a continuous period of three (3) months, before seeking readmission as an H-2B visa holder.
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Yes. Spouses and unmarried children under twenty-one (21) years of age of an H-2B visa holder may seek admission on an H-4 visa. H-4 dependent visa holders are not allowed to work in the United States.
If you are a United States employer who is unable to find a suitably skilled worker in your industry, the H-2B visa category can help you hire a foreign worker. Although there are no educational requirements for an H-2B visa, the worker must be from an eligible H-2B visa country. If you are a foreign national and have entered the United States on a different visa, you can change your status to an H-2B if you have an employer who is interested in sponsoring you.