An Overview of US H2B Work Visa!

The H2B work visa of USA is a status that is chosen for individuals who will be employed in temporary nonagricultural positions which are seasonal, irregular or that can be labeled on one occasion occurrence. Qualifying positions comprise those in the Tourism, Landscaping, Hospitality, Restaurant, Construction, and other inexpert worker categories.

Other half and children of H2B work visa holders might enter and stay in the US in H4 status. H4 visa holders might be present at school in the US but are not lawfully allowed to be employed.

Who can get H2B Work Visa of USA?

U.S. companies hiring overseas nationals to carry out temporary work for which there are no US workers are obtainable.

Pre-requisites for obtaining an H2B Work Visa?

An employee that qualifies for the H-2B work visa curriculum is a temporary/seasonal worker coming for the time being to the United States to carry out temporary/seasonal services or work. This employee must not put out of place U.S. workers competent of performing the job, and whose employment is not unfavorably affecting the wage and working conditions of U.S. workers.

In all cases, although the H-2B work visa can be granted for up to one year, it is implicit that the temporary need has an "apparent beginning and end" which will self-destruct in a year or less by a "agreed date" when each non-immigrant worker have to quickly return to a foreign shore. The short-term nature of needs lasting longer than 10 months are doubtful and require to be "sufficiently justified." H-2B workers do not meet the criteria for temporary work if not the underlying job itself is temporary.

Remaining in the U.S.A after the completion of work:

A lot of H-2B work visa employees, upon entering the country, are talented to discover employment throughout a variety of employment seasons. For instance, employers that usually needs workers during the summer seasons do not have as a lot of jobs open during winter months, and therefore are not able to make complete use of H-2B workers. These workers might then find an additional employer needing workers for winter and spring months, and carry on their stay in the U.S. devoid of being required to go back to their home country. This cycle can go on for equal to three years, after which the non-immigrant worker must look for a different status or return to their home.

Employer Requirements for H2B Visa:

Homeland Security regulations need employers interested in make use of the H-2B work visa program to first submit an application for a temporary labor certification from the Secretary of Labor advising the Department of Homeland USCIS (United States Citizenship and Immigration Services). This certification route inquires as to whether qualified U.S. workers are obtainable and whether the alien’s employment will unfavorably affect the wages and working conditions of likewise employed U.S. workers.

Yearly Limit of US H2B Visa:

There is presently a 66,000 visa cap on the numeral of foreign nonimmigrant workers who may receive first H-2B work visa status throughout each government fiscal year (Oct. 1 through Sept. 30). The Department of Labor continues to evaluate and process all H-2B work visa applications on a first come-first served basis, whether or not the 66,000 worker limit has been met. The limit opens twice a year, during the months of October and April, with a 33,000 worker quota during each opening of the cap.

Note: When filling out the application, it is not essential for employers to name precise beneficiaries. Once sanction is granted, they are able to include.

Abuses in US H2B Visa Program!

Under the US H2B visa program, overseas migrants are permissible to live and work in the US in the non-agricultural jobs that are cyclic and temporary in nature. Majority of workers are concerned in hospitality or building jobs in the US. The US H2B visa program is overseen by agencies with USCIS (United States Citizenship and Immigration Services), the Department of State, and the Department of Labor.

Reports of enormous scam have been discovered in the US H2B visa program. As stated by a current report by the US government, there have been more than a few passions pointing out towards extensive mistreatment of foreign workers by a number of recruiters and employers.

Giving details concerning the cruelty in the US H2B visa program, the GAO (Government Accountability Office) affirmed in a letter addressed to George Miller, the chairman of House Committee on Education and Labor, stated of 10 cases of abuse in the US visa program.

As stated by the report, these cases implicated violations about excessive fees from employees, unjust wages to workers and fake documentation provided to government agencies in abuse of US visa program rules.

Additionally, there have been reports of illegal immigration of 87 Indians who had paid a sum of around $20,000 per applicant for entering the US. Employers implicated in the US H2B visa fraud. These illegal agents of immigration were found to be operating in 29 different states, the findings of the report disclosed.

Approximately six cases involved non-payment of hourly salary, overtime or even both by the US employers who called the immigrants under the US H2B visa program. In New York, workers were remunerated an hourly salary of below $5 which is far lower than the promised hourly wage rate among $8 and 12.20. All these workers had worked for approximately 80 hours a week.

Almost eight of the 10 fraud cases in the US H2B visa program were linked with submission of bogus documents by employers relating to the prospective immigrant workers. Employers were also found to have charged too much fees from workers in the US H2B visa program for visa processing, monthly rent in overfull places and transportation charges. The report upholds that when workers left the US, they were in larger debt than at the time of their entrance.