Employer's Role in the H2B Visa Process

The role of the employer is pivotal in the H2B visa application process, entailing several key responsibilities:

• Obtaining Labor Certification: The employer must file for and receive a temporary labor certification for the position from the Department of Labor. This involves proving that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
• Filing the Petition: Employers must file Form I-129, Petition for a Nonimmigrant Worker, on behalf of the foreign worker they intend to employ.
• Meeting Wage Requirements: Employers are required to offer a wage that is equal to or higher than the prevailing wage for the occupation in the area of intended employment.
• Ensuring Worker's Rights: It is the employer's responsibility to ensure that working conditions for H2B workers meet all regulatory requirements and do not negatively impact the working conditions of U.S. workers in similar roles.

Employers must carefully fulfill these roles to ensure a successful H2B visa application for their prospective foreign employees.

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