The H-2B visa allows U.S. employers to hire foreign workers for temporary non-agricultural jobs. Below are the essential document requirements for both employers and employees involved in the H-2B visa application process.

General Requirements

1. Valid Passport:
   • The worker must have a passport valid for at least six months beyond the intended period of stay in the U.S.
2. Form DS-160:
   • The worker must complete the Nonimmigrant Visa Electronic Application (DS-160) online and print the confirmation page.
3. Visa Application Fee:
   • Payment of the visa application fee, typically around $190.
4. Photograph:
   • One 2″x2″ (5cmx5cm) photograph taken within the last six months that meets U.S. government specifications.
5. Visa Appointment Confirmation:
   • A printed copy of the appointment confirmation letter for the visa interview.

Documentation Required from Employers

1. Temporary Labor Certification:
   • The employer must obtain a temporary labor certification from the U.S. Department of Labor (DOL) by filing Form ETA-9142 with the DOL, demonstrating that there are not enough qualified U.S. workers available for the job.
2. Form I-129:
   • After receiving DOL approval, the employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS, including the certified labor certification as part of the petition.
3. Job Description:
   • A detailed description of job duties, hours, and working conditions must be provided.
4. Evidence of Employer’s Ability to Pay:
   • Documentation proving financial stability and ability to pay wages as promised.

Documentation Required from Workers

1. Receipt of Approved Form I-129:
   • Proof of approval from USCIS, which is necessary for applying for the H-2B visa.
2. Valid Passport:
   • A passport valid for at least six months beyond your intended stay in the U.S.
3. Form DS-160 Confirmation Page:
   • Printed copy of your completed DS-160 form.
4. Photograph:
   • One 2″x2″ (5cmx5cm) photograph taken within the last six months that meets U.S. government specifications.
5. Visa Application Fee Receipt:
   • Payment receipt for the visa application fee.
6. Other Supporting Documents (if applicable):
   • Any documents required by the consulate, such as proof of ties to home country or previous employment verification.

Important Considerations

• Cap on Visas: There is a cap of 66,000 H-2B visas issued annually, split between two halves of the fiscal year.
• Maximum Stay: The H-2B visa is typically granted for up to one year, with possible extensions in increments of up to one year, not exceeding a total stay of three years.

Conclusion

The H-2B visa application process requires thorough preparation and submission of extensive documentation from both employers and employees. Ensuring that all paperwork is complete and accurate is crucial for a successful application outcome, allowing employers to meet their labor needs effectively while complying with immigration regulations.