How to Apply for an H-2B Visa in New Jersey

How to Apply for an H-2B Visa in New Jersey

Applying for an H-2B visa in New Jersey involves several specific steps that employers and potential employees must follow to ensure compliance with both state and federal regulations. This visa program allows U.S. employers to bring foreign workers to the country to fill temporary non-agricultural jobs. Here is a detailed guide on how to apply for an H-2B visa in New Jersey.

Step 1: Determine Eligibility

Before applying for an H-2B visa, employers must determine if their business qualifies for the program. The position offered must be seasonal, intermittent, or a one-time occurrence. Additionally, there must be a demonstrated need for foreign workers, as U.S. workers are not available to fill the positions.

Step 2: Obtain a Labor Certification

Employers must apply for a temporary labor certification from the U.S. Department of Labor (DOL). This process requires:

  • Submitting Form ETA-9142, Application for Temporary Employment Certification.
  • Providing evidence that the job offer and working conditions meet the labor laws.
  • Gaining approval through the DOL, which usually takes about 30 days.

Step 3: File Form I-129

Once the labor certification is approved, employers must file Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS). This form must include:

  • A copy of the approved labor certification.
  • Details about the employer and the job position offered.
  • Evidence of the employer's business and compliance with regulations.

This form can be filed as a premium processing request for faster adjudication, which typically takes 15 days.

Step 4: Pay Required Fees

When filing Form I-129, employers are responsible for several fees, which may include:

  • Filing fee for Form I-129.
  • American Competitiveness and Workforce Improvement Act fee (if applicable).
  • Fraud prevention and detection fee.

Step 5: Wait for USCIS Decision

After submission, USCIS will process the petition and notify the employer of its decision. If approved, the employer will receive a Notice of Approval (Form I-797). This notice is essential for the next steps in the visa application process.

Step 6: Employee Visa Application

Once the I-129 petition is approved, foreign workers can apply for their H-2B visa. This process includes:

  • Completing Form DS-160, Online Nonimmigrant Visa Application.
  • Scheduling a visa interview at a U.S. embassy or consulate in their home country.
  • Paying the visa application fee and any additional processing fees.
  • Gathering necessary documentation, such as the approved labor certification, the I-797 Notice of Approval, passport, and proof of employment.

Step 7: Attend the Visa Interview

During the visa interview, applicants must provide documents that demonstrate their eligibility and intent to return to their home country after employment in the U.S. If approved, they will receive their H-2B visa, allowing them to work in New Jersey temporarily.

Step 8: Arriving in the U.S.

Upon arrival in the U.S., workers should present their H-2B visa and any necessary documentation to Customs and Border Protection (CBP) at the port of entry. It’s crucial to comply with all regulations while in the U.S., as violations can jeopardize future visa applications.

Conclusion

Applying for an H-2B visa in New Jersey is a multi-step process that requires attention to detail and compliance with specific regulations. Employers must ensure they follow all guidelines and keep detailed records throughout the application process. By understanding each step, employers and foreign workers can efficiently navigate the H-2B visa application process.