1. Determination of Prevailing Wage 2. Filing for Temporary Labor Certification with the State Workforce Agency 3. Filing the I-129 with the USCIS 4. Consular Processing of H-2B visas

In order to obtain the temporary Labor Certification, application is filed on Form ETA 750A: Application for Temporary Alien Labor Certification in duplicate originals with the following documentations. (a) a letter from the employer describing the temporary nature of its need for the workers and the duration which is less than one year (b) Documentation supporting the employer’s temporary need, and (c) Proof of prior unsuccessful recruitment efforts of qualified US workers

For each occupation, the employer needs to file a separate Form ETA 750 A, Application for Temporary Alien Labor Certification. Each application may have multiple named/unnamed beneficiaries. In the case of unnamed beneficiaries the employer should provide a valid business reason for not listing the names of the prospective foreign workers/beneficiaries.

The SWA will review the job offer for completeness and will create a job order and request the employer to advertise the position in a local newspaper. If the SWA refers any qualified applicant to the employer, the employer must make every effort to interview and hire the applicant.

Once the SWA certifies the Temporary Labor Certification, then the employer may file the I-129 petition to the USCIS. Even if the certification is denied, the employer can file the petition with “countervailing evidence” proving the temporary need for the foreign workers.

Upon the approval of the petition, the beneficiary can obtain the H-2B visa endorsement at the relevant US Consulate of his home country. The beneficiary will need the original I-797 approval notice. It is a good practice point is to obtain multiple copies of the original approval notice if there are multiple unnamed beneficiaries.

Please bear in mind the processing delays and the I-120 day limitation. An employer may not file the application for temporary labor certification less than 60 days nor more than 120 days prior to the start date of the employment.

Spouse and minor children of the H-2B beneficiary are eligible for H-4 dependant visas.

We can provide assistance to both the employer (petitioner) and prospective employee (beneficiary) regarding the position; H1B documentation requirements; or relevant legal issues. We can submit the H-1B petition to the USCIS; and file the H-4 applications for dependant family member/s, if required.