Are you looking for seasonal workers? No worries, we understand the problem you are facing as an employer, as over the past 35 years, the strength of American laborers has been reduced to half. Due to this, businesses have started looking for skilled workers outside U.S. territories.
In this blog we will discuss how to get suitable seasonal workers from foreign countries. You will also get to know the whole process from eligibility criterias to the recruitment via H-2B agencies. So, let’s dive in.
What is an H-2B Visa?
The U.S. has been facing a shortage of workers in nonagricultural sectors, which has become a matter of concern. To tackle this, businesses have been opting to hire workers from overseas.
This is where H-2B helps! H-2B visa is a nonimmigrant program that employers can use to hire nonagricultural, seasonal labor workers, either skilled or unskilled, in a legally authorized way from foreign lands.
Who Qualifies for H-2B Visas, and Under What Conditions?
As per H-2B consultants, you must consider the following information to check your eligibility for H-2B visa:
1. List of ‘H-2B Eligible’ Countries
The H-2B visa is allotted to only those nationals who are defined as eligible for it. The eligible countries’ list is officially released in the Federal Register(F.R.) by the Secretary of Homeland Security department. There are currently 85+ countries registered in it, which are eligible for only 1 year.
As an employer, you have to keep a check on the nationality of the seasonal workers you are hiring as per the list of H-2B eligible countries.
2. Eligibility Criteria for ‘H-2B Labor Certification’
As an employer, you must have the following:
- An authentic Federal Employer Identification Number (FEIN).
- Maintain a physical business location within the United States.
- Provide contact information through which you can be reached for employment purposes.
Process to Obtain H-2B Workers
Before starting the process, The employers must confirm that their job openings are just for seasonal labor work and therefore, on a temporary basis.
Not only this, employers should start this process a way before starting the actual work as it will go through various agencies and requires a lot of official paperwork.
Here is the process to get the H-2B Workers:
1. Submission of the Basic Details
Firstly, you must submit the ETA form 9141 to the DOL(Department Of Labour). In this form, you need to specify the basic details, such as:
- Why do you need seasonal labor workers?
- What will be the jobs or duties assigned to the laborers?
- Where is the location of the work?
All the above basic details help the DOL to finalize the wages that should be allotted to the workers.
2. Filing Form to the State Workforce Board
You need to submit the ‘H-2B posting request’ form to your state workforce boards after the DOL agrees to your set wages being offered to the workers as per the ETA form submitted. The submission of the form must be done around 3 months before initiating the work.
3. Approval by the State Workforce Agency
The state workforce board analyzes and goes through your submitted application and sanctions your job openings . Along with this , they also send their Notice of approval.
Further, you can submit ETA Form 9142B to the Chicago National Processing Centre along with any necessary additional documents.
4. Submission of Hiring Report
Within 2 weeks of the notice of approval, you need to start the process of hiring U.S. workers.
Yes! You read it right!
You need to do this in order to submit the documentation specifying your arguments on why the U.S. workers were not fit for your job openings. The scarcity of U.S. workers is also one of the reasons that can be mentioned.
This often occurs about 2-3 months before the initiation of the work.
5. Officially Appealing USCIS
Start by petitioning USCIS for nonimmigrant workers using your labor certification and Form I-129. If selected through the lottery, complete the referral process for U.S. workers 21 days before work begins and finalize your recruitment report.
6. Hiring of H-2B Workers
Two weeks before work starts, recruit H-2B workers using certified recruiters, provide details for visa interview scheduling, and share job orders with the workers.
7. Application for Acceptance
After you have been authorized by the USCIS, you will need to make an online application to the Customs and Border Patrol, pay the necessary charges, and arrange transportation to the port of entry.
8. Recruit Workers
Ensure sincere obedience to H-2B requirements by paying prevailing wages, providing Social Security numbers, adequate housing, benefits, and good working conditions, as documented in your application.
How H-2B Agencies Ease the Process : Conclusion
Due to the decreasing number of American laborers, employers are in urgent need of seasonal laborers. In such a situation, the H-2B visa program stands out as a solution, offering jobs to suitable laborers on a temporary basis and at set wages. To get the H-2B visa program, you should contact the H-2B agencies.
H-2B agencies simplify hiring for U.S. employers by providing a streamlined process with clear guidelines and support. Previously, employers faced chaos navigating various recruitment agencies, seasoned labor laws, and visa regulations, with no guarantee of the workers’ timely arrival.
Now, the standardized H-2B visa process ensures access to pre-approved, legally authorized workers, offering a reliable and efficient workforce solution as the U.S. government oversees the visa process. Throughout the process, H-2B agencies will never leave you alone and will help you get your required workers!
