With federal immigration policy remaining unsettled and state
and local governments passing antiimmigration laws across the U.S.,
NRCA has been
experiencing an increase in inquiries regarding the H-2B visa
program. The H-2B visa program is a temporary nonagricultural
seasonal worker program used by construction, forestry, ski
resorts, hotels, restaurants, landscaping, housekeeping and other
industries to supply them with guest workers.
The H-2B process requires approval of petitions and applications
from four government agencies during a 120-day period. Between 60
and 120 days before a temporary worker is needed, an employer must
process a Labor Certification Application with its local work force
agency. When the process is complete, the application is sent to
the U.S. Department of Labor (DOL), which will generate the actual
DOL reviews the application to determine whether sufficient
recruitment took place by the employer to hire U.S. citizens and
whether the wage is high enough to ensure there will be no adverse
effect on wages paid to U.S. citizens in similar positions. If DOL
determines qualified U.S. citizens are not available and the
applicant's temporary employment will not adversely affect the
domestic work force, DOL will certify the application and return it
to the employer.
The employer includes this certification when filing an H-2B
petition with U.S. Citizenship and Immigration Services (USCIS), a
bureau of the Department of Homeland Security. If USCIS is
satisfied with the information filed, it will approve the petition
provided the H-2B visa program's annual cap of 66,000 visas per
federal fiscal year has not been reached; the federal fiscal...
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