FREQUENTLY ASKED QUESTIONS For H2B OR J1 VISA PROGRAMS
Q.Can students participate on the H-2B Visa Program?
A.Students and non-students are accepted onto the program. However, students are also eligible for J-1 Work & Travel programs.
Q.What are age the limits for this program.
A.This program is open only to participants ages 20-45+. The age relates to the job description of the position.
Q.How long can the worker stay in the U.S.?
A.The H-2B Visa is only valid during the employers approved season, typically 8-10 months in duration.
Q.What is the time line for the visa process?
A.The visa process takes approximately 4-5 months. Blends Travel advises all interested Workers 4-6 months in advance of their work start date and Blends Travel does n`t guarantee visas.
Q.How much will the worker be paid?
A.The Worker will be paid the prevailing wage for the position and the geographical location, which is the same wage that an American worker would receive for the same job. Most jobs typically pay $8-$12+ per hour with opportunities for overtime. Skilled positions often pay from $12-$18+ per hour.
Q. Will housing be provided to the workers?
A.Most employers will arrange suitable and convenient housing for the Workers at an affordable price.
Q. Can workers have a second job when in the U.S.?
A. No. The visa stipulates that the worker is only able to work only for the employer on the visa documentation. It is illegal to work for another employer.
Q. If the Worker is already in the U.S. on a J-1 Visa or F1 Visa.Can the Worker transfer to the H-2B Visa without returning home?
A. No. Blends Travel does not transfer other visa categories to the H-2B Visa but their are companies who specialize in that based on your situatiion.
Q. Can a worker travel in the U.S. after the job is finished?
A. No. An H-2B Visa is strictly a work visa. When the term ends, the Worker must return to their home country as soon as the job is finished. However, the worker is allowed to travel during their days off and any vacation that the employer gives.
Q. If the Worker worked in the U.S. under the J-1 Visa Program, can the worker participate in the H-2B program?
A. Yes. Previous J-1 participants are eligible for an H-2B Visa.
J1 VISA PROGRAM
Q. How can I participate in the J1 Visa program?
Contact the representative from your country. Your representative can give you more information and details about the program and the necessary application forms that you must fill out to apply. If there is currently no representative in your Country. Please Contact us and we will be happy to assist you on an individual basis. In your e-mail, please be sure to tell us why you are interested in the summer camp program and what experience and skills you will be bringing with you. If you would like us to mail you a brochure and application package, please include your current mailing address.
Q. what do I need to do to obtain a visa?
Once you have been accepted to a program, your sponsor or employer would arranged for your placement, you will be sent the necessary forms which you must complete and submit to the US consulate in your country. You will need to submit the following the following documents and information to the US Consulate:
- A valid passport - Both copies of Form DS-2019 issued to you - Proof of return trip to your home country (e.g. airline ticket, official itinerary) - Non immigrant Visa Application Forms DS-156 and DS-158 and DS-157 for male applicants - $130 MRV fee. (Check with the local US Consulate to determine method for paying this fee) - Please be aware that the US Consulate in each Country maintains its own procedures and policies for visa applications.You should contact your local US Consulate for specific instructions.
Q. What does the insurance cover?
The mandatory Health Insurance covers medical benefits for accidents and illness, medical evacuation expenses, repatriation and a $100 deductible. All Program participants will also receive insurance procedures that will be reviewed during the Orientation Conference, this difers by employer.
Counselors who wish to have their own travel or dental insurance must make their own arrangements.
Q. How do I organize my trip to the United States?
Counselors are responsible for making all travel arrangements and covering airfare costs between their countries and New York or Los Angeles. Once accepted to the program, you should arrange to arrive in either New York or Los Angeles by June 15 at the latest. Once you receive your camp placement we will notify you of the date you are expected to arrive at the camp and the date when you will be free to leave. Plan to spend two nights in New York or Los Angeles before departing for camp in order to attend the mandatory orientation conference, and give yourself at least two or three days after camp to return for the post camp evaluation conference. You must purchase a return ticket to your home country in order to receive your visa, and you must return to your home country before the expiry date on your DS-2019 form.
Some tips for getting low airfares:
* Plan your trip as far in advance as possible * Shop around: Call local travel agents and student agencies, and check airfares on travel and airline websites.
Q. How will I be placed at Camp?
Once you have submitted your application, it is reviewed by the the Company staff and you will be notified of their decision. If you are accepted to the program your application will be processed.
You will be placed at a camp based on a number of factors. Yours skills, talents, preferences and personality with a camp that is looking for counselors like you are matched. Placement is based on the information you provide in your application and interviews. In order to create an ideal arrangement for each camp and counselor, each application is carefully asessed ( especially the autobiographical essay and skills) and conduct phone interviews with each applicant. The brochures and materials of every camp is reviewed to work with each camp director individually to gain a strong understanding of each camp's program and philosophy.
Q. How will I find out more about My Camp
Once you have been placed at camp, the camp will send you their information and staff materials, including a brochure, important dates and what to bring to camp. We will also send you their website address so you can learn more about camp while you wait for their information to arrive. At this point, any specific questions you have about camp should be directed towards the camp director or other key staff.
Your camp will arrange for payment of your travel between New York or Los Angeles and camp (both arrival and departure). At the orientation conference, they will provide travel information to help you make the arrangements for arrival at camp for pre-camp staff training.
Q. What about my vacation and time off?
You will receive time off from camp depending on your camp's schedule and policies. Some camps give counselors one day off per week, others allow time off in 1-2 day blocks between camp sessions. Most camps will also allow for counselors to have certain nights off during the week, and will grant free time during the daily schedule as well. However, expect to be at camp and on duty for the majority of your time at camp - being a camp counselor is like a 24 hour job!
When the camp season ends in August, you are free to complete any long-term travel or vacation that you have planned while in the US. You must plan to be in New York or Los Angeles for the evaluation conference either before, during or after your personal travels. Be sure to plan all travel so that you depart the US before your DS-2019 form expires.
Even though your time off is your personal time, your camp may ask that you inform them of your plans, or require that you sign in and out when leaving camp grounds. Camps and Blends Travel may ask you to inform us of your post-camp travel itinerary. These requests and policies are out of concern for your personal safety, and we ask that you honor these requests for your own well being. 1. What is H2B visa?
The H2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. temporarily and engage in nonagricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence.
Note: This visa is also used for entertainers going on a tour, for film workers or professional minor league players
The petitioner must establish that the petitioner has not employed workers to perform the services or labor in the past and the petitioner will not need workers to perform the services in the future, or that it has an employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary occurrence.
The petitioner must establish that the services or labor is traditionally tied to a season of the year by an event or pattern and is of a recurring nature. The petitioner shall specify the period(s) of time during each year in which it does not need the services or labor. The employment is not seasonal if the period during which the services or labor is not needed is unpredictable or subject to change or is considered a vacation period for the petitioner's permanent employees.
The petitioner must establish that it regularly employs permanent workers to perform services or labor at the place of employment and that it needs to supplement its permanent staff at the place of employment on a temporary basis due to a seasonal or short term demand and that the temporary additions to staff will not become a part of the petitioner's regular operation.
The petitioner must establish that it has not employed permanent or full-time workers to perform the services or labor, but occasionally or intermittently needs temporary.
6. What is the responsibility of the employer in establishing 'temporary need' for H-2B workers?
The employer has the burden of establishing that the need for H-2B workers is temporary and is either a one time, seasonal, peak, or intermittent need in his/her application. Documentation might include contracts, lists of projects and timeframes, as well as narrative explanations.
Note: The existence of a single short term contract in an industry such as construction does not, by itself, document temporary need if the nature of the industry is for long term projects which may have many individual contracts for portions of the overall project. The employer must demonstrate its need is temporary, and is either a one time, seasonal, peak load, or intermittent need.
7. Is an H-2B visa issued only for temporary jobs?
The nature of the job itself is irrelevant. What is relevant is whether the employer's need is truly temporary. In some situations, the employer's need may create a temporary job opportunity in an employment situation which may otherwise have been permanent in nature.
Note: A temporary job opportunity could be created because the incumbent (who holds the position of permanent factory foreman) was injured or is otherwise unavailable for a period of less than one year, or additional workers are needed during a busy period. The temporary period must have a clear beginning and end.
• Enter the U.S. for a temporary work and enjoy all employee benefits • Get your dependents to stay with you in the U.S. • Travel freely in and out of the U.S. on H-2B visa • Change jobs if you can show a new job offer
• The job must be temporary in nature and the need is for one year or less. The employer's need may not be ongoing or continuous • The employer has the burden of establishing the facts necessary to support a finding that the need is a one-time occurrence, seasonal, peak load or intermittent need • H-2B time counts whether you are in the U.S. or abroad • H-2B dependents may not work in the U.S.
10. What are the requirements for H-2B visa employer?
The requirements are:
• An U.S. employer may file an application requesting temporary foreign nonagricultural labor certification • The employer may be an individual proprietorship, a partnership or a corporation. An association of employers may file as a sole employer, a joint employer with its members, or as an agent of its members • An authorized agent, whether an individual (e.g., an attorney) or an entity (e.g., an association), may file an application on behalf of an employer. Associations may file master applications on behalf of their members
Note: Many of the benefits that must be included in a job offer and other conditions that must be satisfied will be dependent upon what prevailing practices exist in the same occupation and area. Employers are advised that it is desirable to make an independent determination of factors such as prevailing wages and employer practices before filing an application.
11. What are the requirements for H-2B visa holder?
To qualify for H-2B visa, you must:
• Have a valid job offer from a U.S. employer to perform temporary or seasonal nonagricultural work • Show proof of an intent to return to your home country on expiration of the visa
Note: H-2B certification is issued to the employer, not the worker, not transferable from one employer to another or from one worker to another. Certification is issued only for a specific job opportunity, for a specific number of workers, and for a specific employment period.
The H-2B Labor Certification application is valid for the period of employment indicated on the FormETA-9142. However, the validity period may not exceed one year. You may stay for two more years with two one year increments. With initial one year and two one year extensions you can stay for three years on this visa.
The employer's need may generally be only for one year. However, the need, under the 'extraordinary circumstances' provision, may ultimately be longer than one year if the extended need could not be anticipated at the time of application.
Note: An example might be the case of a hurricane that destroyed a large bridge. It will take 11 months to replace the bridge. After the application is approved for this 'one time' occurrence, the employer demonstrates that the work cannot be completed in 11 months based on circumstances which did not exist at the time the employer first petitioned for the foreign national. The work will now take 14 months. The employer would file another application for the three additional months.
Yes, you may apply for Extension of Stay on H-2B visa. The employer may apply for re-certification for an additional two years with one year extensions, but on each new application, the employer must justify the reason for the H2B extension request.
Yes, you may apply for change of status on H-2B visa. If you are changing the job or employer (like H-2B to H-2A), have your new employer file Form I-129, Petition for Nonimmigrant Worker at the USCIS Regional Service Center with jurisdiction over your residence.
Note: H-2B certification is issued to the employer, not the worker, not transferable from one employer to another or from one worker to another. Certification is issued only for a specific job opportunity, for a specific number of workers, and for a specific employment period.
Yes, you may bring your dependents while on H-2B visa. Your spouse and unmarried children are entitled to an H-4 visa and they may stay as long as you have a valid H-2B.
20. Are there any travel restrictions on H-2B visa?
There are no travel restrictions on H-2B visa. You may travel as many number of times as required before the expiry of your H-2B status. The USCIS also does not impose any time limit on your stay abroad.
The employer should file the H-2B petition at least 60 days but not more than 120 days before the worker is needed. As this is a lengthy process, the employer must allow enough processing time for delays and correction of application errors.
Note: DOL's have been instructed to return H-2B certification applications filed more than 120 days before the worker is needed.
22. What is the general procedure to obtain a temporary Labor Certification?
A temporary Labor Certification must be obtained from the U.S. Department of Labor to employ temporary or seasonal workers. Before the USCIS can approve an employer's petition for such workers, the employer must file an application with the Department stating that there are not sufficient workers who are able, willing, qualified, and available and that the employment of foreign nationals will not adversely affect the wages and working conditions of similarly employed U.S. workers.
23. What is the validity of temporary Labor Certification?
A temporary labor certification is:
• Valid only for the number of foreign nationals, the occupation, the area of employment, the specific activity, the period of time, and the employer specified in the certification • Limited to one employer's specific job, opportunity; it may not be transferred from one employer to another
24. Can H-2B labor certification applications filed by job contractors be certified as temporary jobs?
In the vast majority of cases, H-2B applications filed by job contractors may not be approved since they are for permanent jobs. The temporary or permanent nature of the work involved in such applications is determined by examining the job contractor's need for the workers, rather than the needs of its customers. When examined from this perspective, the need for the workers involved in applications filed by job shops is almost always a permanent need. A job contractor, that is in the business of supplying the labor needs to one or more customers, has a permanent need for such workers outside the scope of the particular agreement, and should be informed that he/she may wish to consider filing a permanent application.
Note: In order to meet its burden of proof, such a contractor would need to establish that it had not previously employed workers to perform this particular type of service and that there was no possibility that it would do so again after the performance of the particular contract. Under this scenario, a job contractor might be able to qualify for H-2B status based on the work being either a peak load or a one-time occurrence.
25. When should the Labor Certification Application for H-2B visa be filed?
A complete DOL Form ETA-750, Application for Alien Labor Certification, must be filed at least 60 to 120 days before the first date on which H2B workers are needed. If it is accepted or amended within the required time frame and complies with the regulations, the regional administrator will make a certification determination 30 days before the date on which the workers are needed.
Note: In emergency situations the regional administrator may waive the time period specified, provided the regional administrator has an opportunity to obtain sufficient labor market information on an expedited basis on the U.S. worker availability. However, none of the minimum conditions of employment (wages, housing, and other benefits) are waived.
26. How will I know when my H-2B visa application is accepted for consideration?
If your application is accepted for consideration, the regional administrator will notify the employer in writing. The regional administrator's notice of acceptance will:
• Inform the employer and the DOL of specific efforts expected of them regarding recruitment of U.S. workers • Require that the job order be placed into appropriate intrastate and interstate clearances and • Require the employer to engage in independent positive recruitment efforts within a multi-state region of traditional or expected labor supply if the regional administrator determines there is a sufficient supply of labor to be recruited.
27. How will I know if my H-2B visa application is not considered?
If your application is not accepted, then the regional administrator will notify the employer in writing within seven days after receipt of the application. The regional administrator's notice of nonacceptance will:
• State why the employer's application is not acceptable • State changes necessary for the application to be accepted for consideration • Allow the employer five calendar days to resubmit the application • Outline procedures employer may use to appeal the RA's nonacceptance
28. Can my employer re-submit the amended application for H-2B visa?
Yes, your employer may resubmit the H-2B visa application with modifications. In such instances, the employer should file the amended application within five days of the regional administrator's notice of non-acceptance. The amended application must be filed with the regional administrator (with a copy to the DOL).
29. Under what circumstances can my H-2B visa application be denied?
An H-2B visa application may be denied when:
• The application did not meet the required time frames (except in emergency situations) and there is not enough time to test the availability of U.S. workers • Enough able, willing, and qualified eligible U.S. workers are available to fill all the employer's job opportunities • The employer has not complied with the worker's compensation requirements • The employer has not satisfactorily complied with positive recruitment requirements • The employer, since the application was accepted for consideration, has adversely affected the wages, working conditions, or benefits of U.S. workers • After appropriate notice and opportunity for a hearing, the regional administrator determines that the employer has substantially violated a material term or condition of a previous H-2B certification within the last two years.
30. Where should I submit the H-2B visa application?
If you are:
• In a lawful status in the U.S., submit the visa application to a USCIS field office in the U.S. • Outside the U.S., submit the visa application to the American Consulate where you reside
32. Can I apply for a Green Card while on H-2B status?
Yes, you may apply for Green Card while on H-2B visa. You may attain an immigrant status in the U.S. through the Family Based Immigration. If you have close relatives who are U.S. citizens or U.S. permanent residents, the relatives may file an immigration petition for you as the beneficiary. Close relatives, as defined by immigration law, include parents, unmarried minor children and spouses.
33. What are the requirements that should be met by the employer of H-2B work visa applicants?
• Recruitment: The employer must have made positive efforts to engage U.S. workers. This means an active effort, including newspaper and radio advertising in areas of expected labor supply. This must be an effort independent of and in addition to the efforts of the DOL. In establishing worker qualifications and/or job specifications, the employer must designate only those qualifications and specifications which are essential to carrying out the job and which are normally required by other employers who do not hire foreign workers
• Wages: The wage or rate of pay must be the same for U.S. workers and H-2B workers. The hourly rate must also be at least as high as the applicable Adverse Effect Wage Rate (AEWR), federal or state minimum wage, or the applicable prevailing hourly wage rate, whichever is higher. The Adverse Effect Wage Rate is established every year by the Department of Labor for every state except Alaska. Employers should consult with the DOL or the Department of Labor regional office to determine what the rate is for their state.