What is an H-2B Visa?

H-2B Visa

The H-2B Visa nonimmigrant program allows employers to hire foreign workers to come to the United States and perform temporary nonagricultural services or labor on a one-time, seasonal, peakload or intermittent basis.


Jobs, Not Immigration

H-2B workers are not considered immigrants. In order to qualify for an H-2B Visa, an employer must prove that there are not sufficient U.S. Workers who are capable of performing temporary services or labor.

Government Approved

Every H-2B Worker must be documented and approved by the United States Department of Labor. The Department of Labor also dictates the wage they are paid. They do not collect social security or welfare. And may only stay in the United States for less than a year.


Win-Win

Studies have shown that every H-2B Visa employee supports 4.6 American Jobs. These workers are fully vetted by the Department of Homeland Security. H-2B workers don’t take jobs, they create jobs and ensure that businesses continue to operate.

PES Helps Employers

Bringing H-2B Workers to the U.S. can often be a complicated and confusing process. Practical Employee Solutions have been working with the Department of Labor for over 20 years to make this process as easy as possible for you. We’re here to be the experts on H-2B so that you can be the expert on running your business. Outlined below is a picture of the process we help take employers through. this entire process usually takes around 6 months or more.


Getting Started

  • 01

    PES will schedule a meeting with you to talk about your needs and get some information.

  • 02

    We will talk about your start and end date, number or workers, housing, and travel, uniforms if necessary. As well as any needs you may have.

  • 03

    We will get documentation from you demonstrating your ability to provide payroll. And help submit your Prevailing Wage Application to the Department of Labor in form 9141.

  • 04

    We will draft and design a local newspaper advertisement for the jobs you need that meets Department of Labor standards.

Next Steps

  • 01

    We will ensure that your advertisement runs within the required timeframes and open a State Workforce Agency Job order.

  • 02

    We will continue to follow up with local advertisements and the State Workforce Agency until your requirements are met.

  • 03

    We will take all of the documentation detailing the advertisement as well as job order to the Department of Labor to illustrate your need for H-2B Workers and submit form 9142B

  • 04

    We will help draft experience letters, and consult with you on payroll requirements and more. We will then submit this all to the Department of Labor. Their decision-making process takes up to 4 weeks.

Final Process

  • 01

    We will prescreen all applicants, set up interviews and make embassy appointments. Prescreening includes police background and conduct records, drug and alcohol as well as social background checks.

  • 02

    We will communicate with recruiters in Jamaica, Costa Rica, Mexico, South Africa and others to assist workers with their embassy appointments

  • 03

    We will gather and submit all VIBE and USCIS documentation and petitions and will monitor for any delays or issues. After receiving approval, we will discuss and arrange travel with you, we will also communicate travel info to your workers.

  • 04

    Finally, we will work with you to arrange housing, insurance and tie up any loose ends before your workers arrive. After your worker’s assignment is complete, we will work with you to get them home.


PES also provides one hour of free legal counsel to all of our clients.


FAQ

Employers hire H-2B workers in skilled, nonprofessional or entry level positions because they cannot find available, qualified workers in the U.S., despite good faith efforts to recruit U.S. workers for that occupation.
Protect wages: Employers must pay a wage to every H-2B worker that is at least as much as what is typically paid in the area of intended employment for that type of work (“prevailing wage”).

Protect working conditions: Employers cannot use H-2B workers to break a strike, and must post the job opening at the employer’s place of business as part of their recruitment efforts. Employers cannot make H-2B nonimmigrants work under conditions different from their U.S. counterparts, including hours, shifts and benefits. Employers must recruit in the U.S. and not displace U.S. workers.

Demonstrate Unsuccessful Domestic Recruitment: The employer must participate in a recruitment program overseen by the Department of Labor and show that no U.S. workers are available.

No. The H-2B classification is only good for employers who can establish that their need for foreign workers is temporary. If the employer’s need is year-round or does not fall into one of the definitions used by the Department of Labor or Immigration Service, the employer cannot use the H-2B classification to fill its labor needs.
H-2B temporary seasonal workers are not eligible for, nor can they collect government benefits. They do however pay all applicable taxes, including Social Security and Medicare. H-2B workers help fund these programs, but do not draw benefits.
The same labor laws that protect American workers protect H-2B workers. H-2B employers must comply with all federal state and local labor, health and safety laws. H-2B workers are issued a workers’ rights card in English and Spanish upon admission to the United States that outlines all of their rights and provides a toll–free number to report abuses. Employers are also prohibited from collecting any type of recruitment fee from H-2B workers.
Workers who overstay their visas are barred from using the program ever again. Additionally, when approving H-2B visas, the U.S. Consulate confirms workers’ ties to their home countries. And the U.S. Department of Homeland Security requires employers to promptly report any H-2B workers who do not report for work or who complete their work earlier in the season than anticipated.

Contact Us

We would love to help you understand how H-2B employees could help your business. Please feel free to contact us.




Hours


Monday – Friday 9am – 6pm


Contact


Address 10625 N County Rd Suite 100A // Frisco, TX

Phone +1 972.778.9690

Email pes-admin@pesusa.com