H-2B

Overview: The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peakload need or intermittent need.

Step 1 – Apply through a vetted UWT Recruiter in your home counrty, or directly with UWT for limited placements. This is a work based program for indviduals who meet the requirements for an H2B Visa and are willing and able to perform the job responsibilities for a specific position and employer, who obtain a USDOL Labor Certification for H2B Seasonal Labor.

Step 2 – Screening & Job Offer-Once an acceptable and available host company employer and position have been made available to you, a face to face (either in person or via Zoom) interview/screening will be required.

Step 3 – Job Offer-Once the screening and intervioew process is complete, you may be offered a seasonal employment position from the organization that has performed your screning/interview. If you agree to the terms, and accept the position, you will offically be incuded on the I129 H2B petition that is filed on your behalf, for your new employing organization.

Step 4 – Visa Issuance & USA Arrival-Once an I129 petition is approved and offical notice is received from USCIS, you will complete a DS 160 form, submit it to the U.S. Embassy with the proper supporting documents, and await your visa interview/issuance. Following visa issuance, your employer will provide specific arrival instructions and next stpes for your USA arrival and job start in the USA.

I-797 Approval Notice

I-797, Notice of Action is issued to communicate receipt or approval of a H2B petition.

A copy of the I-797 will be a requirement for submission to the U.S. Embassy along with your DS 160 form in order to receive an H2B Visa.

I-94

The I-94 is an electronic record of arrival/depature created by Customs and Border Protection at air and sea ports of entry. To obtain a copy of your most recent I-94, visit https://i94.cbp.dhs.gov/

If you are unable to locate your I-94 electronic copy, you can wait 1-2 days and try again. If you still cannot locate your I-94 or you notice an error on your most recent I-94 , you must contact the Deferred Inspection office closest to your location. A list of Deferred Inspection Sites can be found by visiting https://www.cbp.gov/about/contact/ports. As your sponsor, we are unable to make any corrections on your behalf.

Social Security

If you are a returning worker to the USA who has already applied for and received a Social Security Number, you will not apply again. Please provide your I94 number and the H2B visa insude of your passport at the time of application for a Social Security Number.

Requirements for application, location and hours of operation for Social Security offices, and all other Social Security questions can be addressed by visiting, www.ssa.gov

Taxes

As an H-2B employee, you are required to pay all federal, state and local taxes. These taxes will be deducted from your paycheck each pay period.

At the end of the calendar year you will be issued a W2 Form for your wages earned during that year. You are obligated by law to file your taxes by the annual deadline, regardless of total wages earned. You will file as a non-resident alien. Failure to file or filing a false tax return can lead to fines, penalties and issues with future status applications. Looking for more direction with your taxes? We have partnered with Sprintax for your education and filing needs https://taxprep.sprintax.com/?utm_ref=uwit&utm_content=prmc

Fees and Payments

Please review factsheet #78 for all current information regarding deductions and prohibited fees under the H2B Program. https://www.dol.gov/agencies/whd/fact-sheets/78d-h2b-deductions

Budget Calculator

When planning for your H2B Program in the USA, it is important to compare your wages against your expenses. By using a budget calculator, you can estimate how much money you will have each week or for the entire program. This will be the money that you will have to support your food, recreation, and activities in the United States.

Emergency Contact

• If you have a life threatening emergency and are in need of immediate police, fire, or medical attention, please do not delay – dial 911. Once you have reached safety, please contact United Work and Travel to report your situation and obtain further guidance.
• If you are experiencing a mental health crisis or need immediate mental health support, please dial 988. This is the Suicide and Crisis Lifeline.
• For non-emergency program support please email [email protected] or call our office, 410-581-7788. Our team is available for assistance Monday – Friday, 8 AM to 5 PM Eastern Time. Examples of program support that are not an emergency: placement challenges, roommate disagreements, lost documents, insurance claim assistance.
• For emergency program support that does not involve a general question please call 410-581-7788 and follow the instructions for our on-call emergency operator. Examples of emergency program support: reporting an incident after 911 attention, threat or fear of violence.

Accident and Injury Insurance

H2B Particpants have the option to purchase (not required) accident and injury protection insurance for the period of time covering your work period. United Work and Travel is not the insurance company or the claims adjuster.

Will my wages be similar to those of domestic workers in the same position?

The H-2B program requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended.

May an employer recoup from the worker any expenses related to obtaining the employment certification?

The employer and its agents, attorneys, and employees are prohibited from seeking or receiving payment from the workers for any of the expenses related to obtaining the employment certification. These expenses include, but are not limited to: the employer’s agent or attorney fees; application and petition fees; and recruitment costs. These prohibited payments may not be sought or received through any method, such as monetary payments, wage concessions, kickbacks, deductions, free labor, etc.

Where to Obtain Additional Information

For additional information, visit the Wage and Hour Division Website: http://www.dol.gov/agencies/whd and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).