Hiring International Employees
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Frequently Asked Questions About the H-2B Seasonal Employee Program
Does my company have to pay for legal expenses and filing fees?
Does my company have to pay recruiting fees?
When is the best time to apply for H-2B candidates?
What is the minimum amount of months employees can be available for employment in the U.S.?
What are the most commonly requested H-2B positions that are filled?
What is the pay scale for H-2B employees?
Can a U.S. company request that an employee come back the following year?
Can someone who has been to the U.S. on a J-1 visa return on an H-2B visa?
Can a U.S. company choose the country from which employees are recruited?
Is there a limit to the number of H-2B visas approved each year?
If the H-2B cap is reached, is it still possible for a U.S. company to fill its employment needs?
Does my company have to pay for legal expenses and filing fees?
Yes. Fees such as processing fees, and filing fees are included in the current fee structure. You will be responsible for paying the USCIS filing fees for each petition filed. If you request Premium Processing (which guarantees a response from USCIS within 15 days of filing), you will be charged for that as well. If the services of an immigration lawyer become necessary, you will be responsible for any legal fees incurred. Please refer to the H-2B program costs for details.
Does my company have to pay recruiting fees?
Yes. The USDOL and Department of Homeland Security issued new regulations for the program that require that H-2B employees pay no fees associated with legal and recruiting costs to secure employment. Therefore, employers will be charged a one-time flat fee per employee based on the number of participants requested. Please refer to the H-2B program costs for more details as to what is included in the fees.
When is the best time to apply for H-2B candidates?
We recommend that the application be submitted at least 5-7 months before the anticipated start date for employees.
What is the minimum amount of months employees can be available for employment in the U.S.?
The minimum stay is 4 months. Most employers request employees for 6-7 months at a time.
What are the most commonly requested H-2B positions that are filled?
Hospitality and housekeeping positions, cooks, dining room attendants, ski lift operators, landscaping positions, dishwashers, ski instructors, and other hands-on positions.
What is the pay scale for H-2B employees?
Employees must be paid the prevailing wage for the position. The rate of pay will be the same as that paid to a U.S. employee. This rate is determined by USDOL, compiled by state and county, to reflect the average wage rate being paid to U.S. employees in the same industry and position.
Can a U.S. company request that an employee come back the following year?
Yes. Employees can return for consecutive years, but in some circumstances may need to remain in their home country for 3 months (or more) before reapplying for a visa. If the employee is currently in the U.S. on an H-2B visa, Adnil Services may apply to extend their visa for up to 3 years.
Can someone who has been to the U.S. on a J-1 visa return on an H-2B visa?
Yes. The J-1 visa is different from the H-2B visa; they are not mutually exclusive. The type of visa obtained depends upon eligibility for one or the other on an individual basis. The J-1 visa is offered for students; the H-2B visa is offered for employment purposes.
Can a U.S. company choose the country from which employees are recruited?
Yes. A company may specify the country from which employees are to be recruited. The list of eligible countries is can be found on the Employees page of this website.
Is there a limit to the number of H-2B visas approved each year?
Yes. The U.S. government determines the number of H-2B visas that will be approved each year. There were 66,000 visas per year approved in 2009.
If the H-2B cap is reached, is it still possible for a U.S. company to fill its employment needs?
Yes. Adnil Services maintains a large network of in-country H-2B employees who are extending their visas and looking for positions. We also have J-1 work/travel students, and J-1 interns who may suit your needs.