H2B Category Temporary or seasonal nonagricultural worker in USA Visa, An Indian intends to undertake any nonagricultural work of temporary or seasonal nature can apply to seek admission under this category

Competitive Exams

Visa Informations Australia | Switzerland Visa Informations |Visa Informations Singapore | Visa Informations Canada

	Home
About U.S.A Where to Apply for USA Visa Important Notices of the Embassy of USA Visa Categories in USA General Information common for all Non-immigrant applications Application Procedure in USA Documents Common to all Non-immigrant Categories of USA Visa USA Visa for Photo Specification Submission Procedure for USA Visa Other Information in USA Visa USA Visa Fees USA Visa Latest Press Releases HDFC Bank Addresses where fee is accepted in USA Visa Tourism, Business& Transit Visas for USA B-1 Visit for Business Purpose USA B2 Visit for Pleasure Medical C1 Transit Visa in USA C1 D Crew memmber in Transit Visa in USA 1 Information Media Representative Visa in USA Student Visas in USA F1 Academic Student Visa of USA F2 Dependent of F1 for USA Visa M1 Vocational Student Visa of USA M2 Dependent of M1 for USA Visa J1 Academic studies as an Exchange Visitor in USA J2 Dependent of J1 for USA Visa Temperory Work Visas in USA H Category-Temperory employees of USA Visa Types of H Visas in USA USA Visa Information common to all H Category applicants H1C Registered Nurse of USA Visa H1B Skilled worker in USA Visa H2A (Specialty Occupation) of USA Visa H-2B (Temporary of seasonal nonagricultural Worker) in USA Visa H3 (Trainee of Special Education Exchange Visitor Program) of USA Visa H4 (Spouse and dependents of H Category) for USA Visa

Home >> Visa Information >>H2B Category Temporary or seasonal nonagricultural worker in USA Visa

H-2B Category (Temporary or seasonal nonagricultural worker)

Category	Form	Fee	Validity
H-2B Temporary Labor	DS-156 DS-157 I-129	Refer to visa fee earlier	1 year

An Indian intends to undertake any nonagricultural work of temporary or seasonal nature can apply to seek admission under this category.

This category requires a temporary labor certification issued by the Secretary of Labor or the Governor of Guam.

Incase such a certification cannot be made the authority has to issue a notice, before filing the petition with the Service. This category is not applicable to a medical graduate wishing to work in the US. The Service will decide about the temporary or permanent nature of the job.

Incase such a certification cannot be made the authority has to issue a notice, before filing the petition with the Service. This category is not applicable to a medical graduate wishing to work in the US. The Service will decide about the temporary or permanent nature of the job.

Filing a Petition

The employer's need to appoint the Indian candidate must be for a maximum period of one year, although there may be extraordinary circumstances where the temporary services or labor might last longer than one year. The employers need for the services of labor shall be a one-time occurrence, a seasonal need, a peak load need, or an intermittent need.

Procedures

As an initial step the employer in the US must obtain the labor certification with the Secretary of Labor for entire US except Guam, and for Guam the certification has to be applied to the Governor of Guam.

Before petitioning the employer in US have to consider the availability of workers in US, and shall detail the terms and conditions of employment which are unique to the nature of employment and in the industry of US.

After obtaining a determination from the Secretary of Labor or the Governor of Guam, as appropriate, the petitioner shall file a petition accompanied by the labor certification determination and supporting documents, with the director having jurisdiction in the area of intended employment.

Documents Required
An H-2B petition must include:

(1) A temporary labor certification or a notice if certification cannot be made, issued by the Secretary of Labor or the Governor of Guam, as appropriate.

(2) Documents proving that the Indian candidate is qualified enough for the job offered as mentioned in the labor certification, except for petitions for which the labor certification does not require any education, training, experience, or special requirements of the candidate.

(3) A statement from the employer detailing the nature of job and the necessity to appoint a candidate for that job from India.

(4) The employer is also liable to pay the reasonable transportation costs if:
(a) An Indian candidate is dismissed from job for any reason before the expiry of the approved petition.
(b) An Indian candidate voluntarily resist the job before the expiry of the approved petition

Note: If the candidate believes that the employer has not met with this provision, the candidate can advise the Service Center which adjudicated the petition in writing. The complaint will be filed along with the petition.

Traded professional athletes

In the case of a professional athlete who wishes to change the employer, job authorization will automatically continue for a period of 30 days after the player joins the new organization, within this time the new employer has to file a new petition on form I -129 failing which the employment authorization of the player will be terminated and also in case the authority denies the new petition.

Validity of Petition

If the Labor Certification is enclosed with the petition the approved petition will be valid for up to one year.

(1) Candidate who has already spent 3 years in US cannot seek extension or change status. Same candidate can also not be readmitted to US unless he/ she physically resides outside US for six months prior to readmission.

(2) Candidates who did not reside continuously in US and the job is of seasonal nature which lasts for six months or more but less than one year can seek exemption

(3) Candidates who regularly travels to US to get engaged in part time employment can also seek exemption.

(4) The stay of the candidate in US may be extended up to one year provided the total stay does not exceed three years

Note: To seek this exemption the employer and the Indian candidate must submit evidence that the Indian candidate qualifies for such an exemption by means of arrival and departure records, copies of tax returns, and records of employment abroad

	Home
Information common to all P Category Nominations of USA Visa P-1 (Athletes) for USA Visa P-2 (Artist of Reciprocal Exchange Program) of USA Visa P-3 (Artist in Culturally Unique Program) for USA Visa L Visas (Intracompany Transferees-Including L-1A, L-1B and L-2 Categories) Blanket Petitions for USA Q Visa (International Cultural Exchange Visa) of USA R Visas (Religious Workers-Including R-1 and R-2 Categories) in USA Diplomats & Officials A Visa (Officials in Foreign Governments) C-2 & C-3 Visa (Diplomats & Officials in Transit) in USA Immigrant Visas in USA Immigrant Visa Fees in the U.S. Immigrant Visa Fees in India Family Based Immigration of USA Visa Employment Based Immigration (E Category Visas)in USA EB-1 (Priority Workers) in USA EB-2 (Professionals with advanced degrees or exceptional ability) of USA EB-3 (Skilled or professional workers) for USA EB-4 (Special Immigrants) of USA Visa EB-5 (Investor Immigration) for USA Visa K Visas (Spouse, Finance(e) & Child(ren) of U.S. Citizen) Documents common to all K and V visa applicants of USA K1 Visa (Fiance/e of the U.S. Citizen K2 Visa (Child of the Fiance of a U.S. Citizen V visa (Spouse and Children of Legal Permanent Resident LPR)) of USA Diplomatic Representations of the U.S. in India Diplomatic Representations of India in the U.S. Annexure A: Some Important Websites of the United States of America

Language >> English | Français | Español | Deutsch | Italiano | Portugues | Japanese | Korean | Sim-Chinese