H-2B

Overview: The H-2B visa allows 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 Partner Recruiter in your home country. This is a work based visa for individuals who meet the requirements for an H-2B Visa and are willing and able to perform the job responsibilities for a specific position and employer, who obtain a USDOL (United States Department of Labor) Labor Certification for H-2B Seasonal Labor.

Step 2 – Interviewing – Once an UWT partner employer and position has been made available, an interview will be arranged either in person or virtually.

Step 3 – Job Offer – Once the interview process is complete, interviewee may be offered a seasonal employment position from the employer. If the interviewee agrees to the terms, and accepts the position, they will be included in the I-129 H-2B petition filed on behalf of the employer.

Step 4 – Visa Issuance & USA Arrival – Once an I-129 petition is approved and an official approval notice is received from USCIS (U.S. Citizenship & Immigration Services), the hired employee will submit a completed a DS-160 Form to the U.S. Embassy with all supporting documentation requested and await an interview or visa issuance. Following visa issuance, your employer will provide specific arrival instructions and next stepe 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 an H-2B 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 H-2B visa.

I-94

The I-94 is an electronic record of an individual’s USA arrivals and departures created by Customs and Border Protection, that serves as proof of legal entry and status. To obtain a copy of your most recent I-94, visit https://i94.cbp.dhs.gov/

If an individual is unable to access their electronic I-94, or notices an error on their I-94, they should contact the Deferred Inspection Site closest to them. A list of Deferred Inspection Sites can be found by visiting https://www.cbp.gov/about/contact/ports/deferred-inspection-sites. UWT is unable to make or request any I-94 corrections on anyone’s behalf.

Social Security

Workers returning to the USA who have already applied for and received a Social Security Number will not need to apply again. Workers will provide their I-94 number and the H-2B visa inside of their 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

H-2B employees are required to pay all federal, state, and local taxes. Required taxes will be payroll deducted each pay period.

At the end of the calendar year, workers will be issued a W2 Form for wages earned during that year. H-2B workers are obligated by law to file their taxes by the annual deadline, regardless of total wages earned. H-2B workers will file as non-resident aliens. Failure to file or filing a false tax return can lead to fines, penalties, and issues with future status applications.

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Fees and Payments

Please review factsheet #78 for all current information regarding deductions and prohibited fees under the H-2B Program. https://www.dol.gov/agencies/whd/fact-sheets/78d-h2b-deductions

Budget Calculator

When planning for H-2B employment in the USA, it is important to compare wages against expenses. By using the budget calculator below, workers can estimate how much money they 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 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 support that are not an emergency: placement challenges, roommate disagreements, lost documents, insurance claim assistance.
• For emergency 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 support: reporting an incident after 911 attention, threat or fear of violence.

Accident and Injury Insurance

H-2B workers have the option to purchase (not required) accident and injury protection insurance for the period of the work contract. 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 visa requires the employer to attest to the USDOL (U.S. Department of Labor) that they will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or the local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment.

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, please feel free to call our toll-free information and helpline at (410)581-7950. Or you can contact the Wage and Hour Division, available 8am to 5pm in your time zone. Website: http://www.dol.gov/agencies/whd, Phone: 1-866-4USWAGE (1-866-487-9243).