The H-2B Visa is a visa that is intended for temporary workers other than those working in the agricultural field who wish to come to America and perform work on a strictly temporary basis. Applying for an H-2B visa is a fairly straightforward process; however, you will need to make sure that you follow the steps completely and provide the proper documentation in order to successfully receive your H-2B visa. So, what are the steps that prospective immigrant temporary workers must go through to apply for an H-2B visa? The US Customs and Immigration Service has them laid out for you.
Steps to Getting an H-2B Visa
- The first step to applying for an H-2B visa is to file an I-29 form, known as the Application for Nonimmigrant Worker, with the USCIS.
- After you have filed the I-29 and it has been approved, your employer will be sent an I-797, Notice of Approval for Temporary Employment document.
- Once your employer has received this, you will be able to continue the application process to receive your H-2B visa.
- The next step in the process of applying for an H-2B visa is to begin gathering the documents and applications necessary to fill out for the visa. The US Consulate will have all of these documents available for workers outside of the United States who are applying for the visa.
- You will need to fill out DS-156, Application for Nonimmigrant visa, as well as DS-157 if you are applying and are a male aged 16 to 45.
- You will also need a copy of the I-797 notice of approval, as well as a passport, one passport sized photograph, and evidence of your ties to your home country, which is provided as proof that you plan to return to your home country after your employment has ceased within the United States.
After you have filled out these forms, provided the necessary documentation to the US Customs and Immigration Service, and have paid the appropriate filing fees depending on your particular situation, you will receive your visa. Some important considerations are that you should file at least 45 days prior to your start date at your planned employment, but no more than 6 months before you plan to enter the United States. In addition, you should know that ultimate approval for your entry into the United States rests with the Immigration official at the border, and you can be denied entry even if you have received approval and a visa.
Getting Help
When applying for any visa, it is always a good idea to consult with an experienced US immigration attorney. Your attorney can provide you with more specific help on which type of visa is right for you and on what steps you must take to apply for that visa.
