The H2B visa application process in Wellington involves several key steps. Initially, employers must obtain a temporary labor certification from the U.S. Department of Labor. This certification requires proving that there are no capable U.S. workers available for the job and that employing foreign workers will not negatively impact the wages and working conditions of similarly employed U.S. workers.
Once the labor certification is approved, employers need to file Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS). This form is crucial as it officially requests the government's permission to employ foreign workers under the H2B program.
Following USCIS approval, the prospective foreign workers must apply for the H2B visa at their local U.S. embassy or consulate. This step includes submitting the necessary documentation and attending an interview. The process concludes with the issuance of visas, allowing workers to travel to the U.S.
Throughout this process, employers must ensure compliance with all regulations, including those related to wages, working conditions, and employee rights. They must also be prepared for audits or additional inquiries from the Department of Labor or USCIS, requiring thorough record-keeping and responsiveness.
