Employers Guide To Getting H2B visas
Getting H2B visas are as cumbersome for the employers as it is for the employees. They first need to get all the required approvals from the department of labor and also file a petition with the USCIS and then they need to find out that they will actually have to do this for each worker it becomes quite a time consuming and lengthy process. To get rid of this the USCIS has allowed the employer to fulfil its duties only once for an unnamed list of the number of employees. But that is the case only if the employee satisfies certain conditions.
Perform the same services or labour: For instances they should perform the same services or labour. You cannot do your formalities only once if you are hiring a mechanic as well as a computer programmer. Thus the employer will have to do their bit for each category of labor.
The same terms and condition: Also employees need to be hired on the same terms and conditions. If the terms and conditions of the contract are different from one another, it is considered to be a different class of employee and as such all the formalities need to be conducted again by the employer at their end.
The same occupation: This holds true only is the same skills are to be utilized in the same occupation. If the occupation of two H2B visas holders is different, then they are considered to be separate classes of employees.
the same period of employment. : The period of employment of the worker should be under the stipulated limits as mentioned by the US act. But if there are two employees who need to be sponsored then their job length must also be of equal duration.
In other words it implies that USA Immigration wants to keep a close eye on which the H2B visas are being granted to. This is the case because the US government wants you to call in for homogenous labour from the same state and use them for the specified pre-determined period of time.
Hence it is important to know this for an employer. Knowledge of this can cut their bill into half as the employers need to add costs at every stage and they would be interested in one which provides maximum benefits in the long run.
The H-2B Visa allows both agricultural and non agricultural workers to get a job in the United States as a temporary worker, if there exists not enough supply of the skill which is needed to perform the tasks.
