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Petitioners of H-2B workers must notify USCIS within 2 workdays if any of the following occur:
No show: The H-2B worker fails to report to work within 5 work days of the latter of:
The employment start date on the H-2B petition; or
The start date established by the employer;
Abscondment: The H-2B worker leaves without notice and fails to report for work for a period of 5 consecutive workdays without the consent of the employer;
Termination: The H-2B worker is terminated prior to the completion of the H-2B labor or services for which he or she was hired; or Early Completion: The H-2B worker finishes the labor or services for which he or she was hired more than 30 days earlier than the date specified in the H-2B petition.
Petitioners must include the following information in the employment-related notification:
The reason for the notification (for example, explain that the worker was either a “no show,” “absconder,” “termination,” or “early completion");
The reason for untimely notification and evidence for good cause, if applicable;
The USCIS receipt number of the approved H-2B petition;
The petitioner’s information, including:
Name
Address
Phone number
Employer identification number (EIN)
5.The employer’s information (if different from that of the petitioner):
Name
Address
Phone number
6.The H-2B worker’s information:
Full Name
Date of birth
Place of birth
Last known physical address and phone number
Additionally, to assist USCIS with identification of the H-2B worker, submit the following for each H-2B worker, if available:
Social Security Number, and
Visa Number
Note: According to the Fair Labor Standards Act (FLSA), this generally means the period of time on any particular day when an employee begins and ends his or her “principal activities.
Generally, USCIS may grant H-2B classification for up to the period of time authorized on the temporary labor certification. H-2B classification may be extended for qualifying employment in increments of up to 1 year each. A new, valid temporary labor certification covering the requested time must accompany each extension request. The maximum period of stay in H-2B classification is 3 years.
A person who has held H-2B nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2B nonimmigrant. Additionally, previous time spent in other H or L classifications counts toward total H-2B time.
Exception: Certain periods of time spent outside of the United States may "interrupt" an H-2B worker's authorized stay and not count toward the 3-year limit.
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There is a statutory numerical limit, or “cap,” on the total number of individuals who may receive H-2B nonimmigrant classification during a fiscal year.
Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap. For additional information on the current H-2B cap, and on workers who are exempt from it, see the “Cap Count for H-2B Nonimmigrants” page.
H-2B Program Process
Step 1: Petitioner submits temporary labor certification application to DOL. Before requesting H-2B classification from USCIS, the employer must apply for and receive a temporary labor certification for H-2B workers with the U.S. Department of Labor (or Guam DOL if the employment will be in Guam).
Step 2: Petitioner submits Form I-129 to USCIS. After receiving a temporary labor certification for H-2B employment from either DOL or Guam DOL (if applicable), the employer should file Form I-129 with USCIS. With limited exceptions, the original temporary labor certification must be submitted with Form I-129. (See the instructions to Form I-129 for additional filing requirements.)
Step 3: Prospective workers outside the United States apply for visa and/or admission. After USCIS approved Form I-129, prospective H-2B workers who are outside the United States must:
Apply for an H-2B visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad, then seek admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or
Directly seek admission to the United States in H-2B classification with CBP at a U.S. port of entry.
* Note: Employers requesting employment in a position that is exempt from the U.S. Department of Labor’s temporary labor certification application filing requirement may skip step 1 in the H-2B process.
Step 1: (only required for specialty occupation and fashion model petitions): Employer Submits LCA to DOL for certification.
The employer must apply for and receive DOL certification of an LCA. For further information regarding LCA requirements and DOL's inert process, see the "Foreign Labor Certification, Department of Labor" link to the right.
Step 2: Employer Submits Completed Form I-129 to USCIS.
The employer should file Form I-129, Petition for a Nonimmigrant Worker, with the correct USCIS Service Center. Please see our I-129 Direct Filing Chart page. The DOL-certified LCA must be submitted with the Form I-129 (only for specialty occupation and fashion models). See the instructions to the Form I-129 for additional filing requirements.
Step 3: Prospective Workers Outside the United States Apply for Visa and/or Admission.
Once the Form I-129 petition has been approved, the prospective H-1B worker who is outside the United States may apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad for an H-1B visa (if a visa is required). Regardless of whether a visa is required, the prospective H-1B worker must then apply to U.S. Customs and Border Protection (CBP) for admission to the United States in H-1B classification.
Labor Condition Application (LCA)
Prospective specialty occupation and distinguished fashion model employers must obtain a certification of an LCA from the DOL. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, and other sanctions to the employer. The application requires the employer to attest that it will comply with the following labor requirements:
The employer will pay the beneficiary a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for your position in the geographic area in which you will be working.
The employer will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor condition application there is no strike or lockout at the employer place of business. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of business.
Period of Stay
As an H-1B nonimmigrant, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21).
Your employer will be liable for the reasonable costs of your return transportation if your employer terminates you before the end of your period of authorized stay. Your employer is not responsible for the costs of your return transportation if you voluntarily resign your position. You must contact the Service Center that approved your petition in writing if you believe that your employer has not complied with this requirement.
H-1B Cap
The H-1B visa has an annual numerical limit "cap" of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap.
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The position/services must require a fashion model of prominence.
To be eligible for this visa category you must be a fashion model of distinguished merit and ability.
Labor Condition Application Required......
Yes. The prospective employer must file an approved LCA with the Form I-129. See the links to the Department of Labor’s Office of Foreign Labor Certification and USCIS forms to the right.
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The job must meet both of the following criteria to qualify as a DOD cooperative research and development project:
The cooperative research and development project or a co-production project is provided for under a government-to-government agreement administered by the U.S. Department of Defense
A bachelor’s or higher degree, or its equivalent is required to perform duties.
To be eligible for this visa category you must meet one of the following criteria:
Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
Hold an unrestricted State license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
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The job must meet one of the following criteria to qualify as a specialty occupation:
Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
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Have completed a U.S. bachelor’s or higher degree required by the specific specialty occuption from an accredited college or university
Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
Labor Condition Application Required..
Yes. The prospective employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker. See the links to the Department of Labor’s (DOL) Office of Foreign Labor Certification and USCIS forms to the right.
Occupation List Occupations In Architecture, Engineering, And Surveying
Architectural Occupations,
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Electrical/ Electronics Engineering Occupations,
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Ceramic Engineering Occupations,
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Mining And Petroleum Engineering Occupations,
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Industrial Engineering Occupations,
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Drafters,
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Computer Science & IT, and Telecom Occupations
Occupations In Systems Analysis And Programming,
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Occupations In Computer System User Support,
Occupations In Computer System Technical Support,
Other Computer-Related Occupations
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Other Occupations In Life Sciences
Occupations In Medicine And Health
Physicians And Surgeons,
Osteopaths,
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Veterinarians,
Pharmacists,
Registered Nurses,
Therapists,
Dieticians,
Occupations In Medical And Dental Technology,
Other Occupations In Medicine And Health
Occupations In Education & Research
Occupations In College And University Education,
Occupations In Secondary School Education,
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Occupations In Education Of Persons With Disabilities,
Home Economists And Farm Advisers,
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Writers,
Editors: Publication, Broadcast, And Script,
Other Occupations In Writing
Occupations in Finance and Administrative Specializations
Accountants, Auditors, And Related Occupations,
Budget And Management Systems Analysis Occupations,
Purchasing Management Occupations,
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Personnel Administration Occupations,
Inspectors And Investigators, Managerial And Public Service,
Other Administrative Occupations
Occupations in Business Management & Administration
Agriculture, Forestry And Fishing Industry Managers And Officials,
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Other Occupations In Entertainment And Recreation,
Occupations In Social And Welfare Work,
Miscellaneous Professional, Technical, And Managerial Occupations, Sales Promotion Occupations,
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