H-2B Visa

Change of Status from H2B Visa to H1B Visa

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I am curently in USA on h2b viza. My I-94 expires on May 31, 2010.

I would like to change my statul for H1B visa. I have Batchelor degree in economics and master degree in accounting. beside my job for my h2b employeer i am doing an internship as an accountant in one company. the owner of this company would like to help me to change my staus if this is possible. i would like to know if it is posible to change my status in my case. Thak you. Looking forward to hear from you. Best regards.

Your current employer would be able to sponsor your change of status from H2B to H1B provided that he offers you a position that requires the use of your degree(s) such as an accountant, budget/credit analyst, financial analyst, economist or other financial specialist.

Visa for a Part Time Housekeeper

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I have a friend in the Philippines I would like to employ as a part time house keeper and part time work in my business is there a work visa that would allow her to work for me ? Thank You

An H2B visa may be possible for this type of work if you can establish that you have a seasonal, one time need or that the work is otherwise temporary in nature. If you are looking to bring your friend here for a longer duration, you may wish to offer him a different type of employment.

H-2B Visa – Potential Employee Is Not From an Approved Country

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Hello There,

A warm Namaste to you from Nepal. I went through your website but couldn’t see Nepal in between the limited list of countries for H2A program. However, i know some agencies back in Nepal who are doing something in this scheme.

I would like to put my query as a newbie to this scheme whether it could be done for countries like Nepal too or not?

It is for sure that the market for this scheme in Nepal is very huge since its not hidden Nepal is regarded as the land of agriculture too.

Please show me some way in this regard. If it is possible, we can work hand in hand in this project.

Effective Jan. 18, 2011, nationals from the following countries are eligible to participate in the H-2A and H-2B programs:  Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu.  Of these countries, the following were designated for the first time this year:  Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

A national from a country not on the list may only be the beneficiary of an approved H-2B petition if the Secretary of Homeland Security determines that it is in the U.S. interest for that alien to be the beneficiary of such a petition.

H2B Visa Holder is Looking for Change of Status Options

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I’m having a work visa H2B visa right now but my job is going to end soon. I don’t want to leave and I want to stay legal. I don’t have a new job but I want to stay here. What can I do?

Without more details it is impossible to review all of your options but if you would like to remain in the US to visit and travel, you can apply for a tourist visa and you can remain in the US to travel for up to one year.  If you later find a job during that time or would like us to help you find an employer, you can later change back to an appropriate work visa.

H2B Visa Applicant Not on Country List

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I started a new restaurant and, believe it or not, have had serious trouble finding workers. The winter and summer are the major tourist seasons here in Florida and I have been short staffed since November. I know a group of guys from Spain that I would love to bring in to work over the summer and possibly longer. I know the H2B visa is for seasonal work like mine but I notice that Spain isn’t on the H2B country list. I saw from your web site that there is a way around this. Can you help me out? This could make or break me.

You are certainly correct that the H2B visa is the appropriate visa for seasonal workers. You are also correct that Spain is not one of the approved countries for H2B visas. There is an exception and that is if you can show that visa issuance is in the US interest. USCIS looks to four factors to determine the US interest requirement.

  1. Evidence that the beneficiary has been admitted to the United States previously in H2A or H2B status and complied with the terms of his/her status;
  2. Evidence that a worker with the required skills is not available from a country on the list of eligible countries;
  3. Potential for abuse, fraud, or other harm to the integrity of the H2A or H2B program through the potential admission of these worker(s) that a petitioner plans to hire; and
  4. Other factors that would serve the US interest, if any.

It is not necessary to prove all four factors. “Other factors” stated in factor 4 are evidence that the H2B sponsor or the US industry or government agency would suffer harm without the services of the H2B visa applicant.

Nanny Visa Options

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There are four options for host families to bring a foreign nanny/domestic worker to assist them in their home.

J1 Visa – Au Pair

The easiest and, by far, most popular option is to bring a nanny as an au pair.  The au pair program utilizes the J1 visa and persons wishes to hire an au pair must do so through an au pair program authorized by the US Department of State.  The prospective au pair are preselected by the program sponsor and the host family must choose the au pair from the offered pool.  Costs are typically between $7,500 to $12,500 which are paid to the au pair program and the host family must also pay the au pair expenses which run between $250 to $450 per week.  The au pairs themselves must undergo training and many types of background checks.  In addition, the au pairs must meet the following requirements:

(1) Are between the ages of 18 and 26;

(2) Are a secondary school graduate, or equivalent;

(3) Are proficient in spoken English;

(4) Are capable of fully participating in the program as evidenced by the satisfactory completion of a physical;

(5) Have been personally interviewed, in English, by an organizational representative who shall prepare a report of the interview which shall be provided to the host family; and

(6) Have successfully passed a background investigation that includes verification of school, three, non-family related personal and employment references, a criminal background check or its recognized equivalent and a personality profile. Such personality profile will be based upon a psychometric test designed to measure differences in characteristics among applicants against those characteristics considered most important to successfully participate in the au pair program.

The au pair may be granted a J1 visa for a duration of 12 months which can later be extended if the host family wishes to continue her services.

H2B Visa – Short Term Help

The H2B visa is generally employed by companies with seasonal or intermittent business such as coastal restaurants, theme parks or other tourist spots.  However, the H2B visa can also be used to bring nannies to the US.  Unlike the au pair program which requires the host family to go through an au pair program, the host family can directly petition for the nanny.  The downside is that the host family must be able to show that there are no available US workers for the job and that the work is temporary in nature.  While the visa may have a three year duration, the work period must be less than 12 months each year.  There are no program fees to be paid but the host family must pay the nanny the prevailing wage as determined by the US Labor Department.

B1 Visa – Accompanying US Travelers

US Citizens, permanent residents and foreign nationals coming to the US for temporary nature may bring domestic help with a B1 visa.  The parties must enter a written employment contract guaranteeing payment of the prevailing wage for an eight hour workday and provide any benefits normally required for US domestic workers in the area of employment.  B1 visa are typically valid for 6 months but may be extended.

PERM Labor Certification – A Permanent Solution

The PERM program offers a permanent solution for the host family that has chosen a nanny who they would like to keep permanently.  Similar to the H2B visa, PERM does not require the host family to go through a sponsoring agency, a prevailing wage must be paid and the host family must be able to show that no US workers are available for the position.  However, the work does not need to be temporary in nature and upon approval of the PERM process, the host family may petition for the nanny to obtain residency so she can enter the country.

In order to qualify as a nanny, the applicant must have two years of experience as a nanny and be offered full time employment as a nanny by the host family.  To qualify as a domestic live-in, the applicant must have one year of experience and the host family must show that the employment is a business necessity.

FY 2009 H-2B Cap Reached

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The H-2B Visa cap was met on January 7, 2009 for FY2009.  Since the passage of the Save Our Small Business and Seasonal Businesses Act of 2005, the H-2B filing season was split into two halves.   The purpose of splitting the filing season  is to avoid summer season filers to have an advantage over winter season filers.  The first half for FY2009 began June 2009 and the cap was met on July 29, 2008 and the second half began December 2008 and has now been met as of January 7, 2009.  The filing season for the first half of FY2010 will begin June 2009.

The inability for US businesses for find and hire qualified seasonal workers will undoubtedly harm US business.  To see what you can do to help raise the H-2B cap, please visit this site.

There are few exemptions from the H-2B visa cap and they are:

1.  Fish roe processors, fish roe technicians and supervisors of fish roe processing.

Previously, there was an exemption for H-2B returning workers.  An employer was able to attest that the H-2B was returning for work the next season and the H-2B would be classified as H-2R.  However, this exemption expired Sept 30, 2007 and was not extended.