Non-Agricultural

H-2B Visas

Do you need temporary, seasonal or intermittent low-skilled workers and can’t fill the demand with local candidates? We can help. The H-2B guest worker program is what you need to help keep your business operating at optimal performance.

The H-2B Visa program is designed to provide American businesses with access to workers for industries such as landscaping, seasonal hospitality, forestry, and seasonal construction businesses, as well as in manufacturing, food packaging, and retail.

Presently, there are a limited number of H-2B workers that are issued H-2B visas every year and that means you need to ensure your applications are complete, accurate and on time to have the best chance for and highest rate of application approval possible. It’s the best shot you have a getting seasonal you need. But, it’s a time consuming process … that you honestly don’t have time for.

If you need H-2B employees, let us help with your H-2B Visa applications and have peace of mind that you’ll have one of the best chances for success possible.

The ProcessThe Process
Program DetailsProgram Details
At Labor Consultants International, we have decades of experience with the H-2B visa process, and have one of the highest application approval rates in the nation. We know the ins and outs of legally hiring foreign workers.

How The H-2B Process Works

After we have spoken with you to determine the most accurate job description for your work, we then will help you with the following steps:

  1. Apply for and receive a Department of Labor Prevailing Wage Determination.
  2. Pursue certification of the requested visas through the Department of Labor.
  3. Tap the local U.S. market to prove we are not displacing our local men and women.
  4. Get Certified!
  5. Petition for the requested visas from United States Citizenship & Immigration.
  6. Approval from United States Citizenship & Immigration.
  7. You now can bring guest workers across the border of your chosen country(ies) and have them issued visas!

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H2b visas, temporary non-agricultural workers, h-2b process, landscaping, construction
H2b visas, temporary non-agricultural workers, h-2b process, landscaping, construction

H-2B Certification Process

For Temporary Employment of Aliens in the United States.

Program Description

This program allows employers wishing to hire foreign workers in temporary non-agricultural occupations (i.e. construction, landscaping, and reforestation) for a period of less than one year to get workers from outside the U.S.

Validity Period

The H2B Labor Certification Application shall be valid for up to 364 days, depending on the employers need, however, USDOL regulation states no more than 10-months.

Immigration & Naturalization

After the application has been processed and given temporary certification by the Department of Labor, the final step is in submitting the necessary form to the regional United States Citizenship & Immigration Services (USCIS) for approval and issuance of the needed visas. Once the approval status and needed visas have been granted, the processing of foreign laborers, through the U.S. Consulate of the country chosen, can begin.

Required Wages

The Immigration and Nationality Act (INA) requires that the wages paid to non-immigrants be at least the higher of the actual wage rate paid to all other workers with similar experiences and qualifications for the specific employment in question or the prevailing wage rate for the occupational classification in the area of employment. The amended INA does not preclude the employer from paying non-immigrants more than the higher of the actual wage or the prevailing wage.

Temporary Employment

An H2B temporary nonagricultural worker is an alien who is coming to the U.S. to perform temporary services or labor if qualified U.S. workers capable of performing such services or labor are not available. The employer’s need for the services or labor shall be either:

A one-time occurrence: The employer has not employed workers to perform the services or labor in the past and the employer will not need workers to perform the services or labor in the future.

The employer has an employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.

Seasonal need: The employer must establish that the services or labor are traditionally tied to a season of the year by a temporary event or pattern and is of a recurring nature.

Peak-load need: The employer must establish that it regularly employs permanent workers to perform the services or labor, and it needs to supplement its permanent staff on a temporary basis due to seasonal or short-term demands with temporary employees who will not become a part of the regular operations.

Intermittent need: The employer must establish that it has not employed permanent or full time workers to perform the services or labor, but occasionally or intermittently needs temporary workers for short periods.

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