H2B Visa FAQ

[lawrence01]

Posting this as there are some reports already of this visa being used by agencies for RNs and PNs. An RN and a PN are permanent jobs by nature and will be hard to establish that it may be seasonal or temporary and add in the fact that there is no shortage of PNs in America as well.

The limitations of H-2B visa are:

1) 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

2) 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

3) H-2B time counts whether you are in the U.S. or abroad

4) H-2B dependents may not work in the U.S.

An H-2B visa application may be denied when:

1) 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

2) Enough able, willing, and qualified eligible U.S. workers are available to fill all the employer's job opportunities

3) The employer has not complied with the worker's compensation requirements

4) The employer has not satisfactorily complied with positive recruitment requirements

5) The employer, since the application was accepted for consideration, has adversely affected the wages, working conditions, or benefits of U.S. workers

6) 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

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

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.

*Click link for further details: http://faq.visapro.com/H2B-Visa-FAQ.asp

*Additional readings:

http://www.visalaw.com/06oct3/2oct306.html

http://h2bvisalaw.blogspot.com/2007/09/h-2b-faq-part-one-basics.html

**As always, consult an independent immigration lawyer for an unbiased advice.

[suzanne4, RN]

The PN licensure also does not qualify under this designation, no matter what an employer tells you. And trying to use this can result in you being deported for more than ten years.

If you are concerned with what an employer is offering, highly recommend that you contact the US Embassy in your country concerning the offer.