OSREC

• Osrec provides US companies with foreign workers using the H2B visa program. The H2B allows companies to bring in skilled or unskilled workers from around the world to perform temporary work in the US. With the exception of agriculture for which a different visa category is available, virtually every industry may benefit from the program so long as the work is of a temporary nature.
• Our clients have successfully used the H2B to fill seasonal, one time, and transitional needs. Osrec has experience finding workers of every skill and trade from around the world.

• Yes. All Osrec workers have a legal right to work in the US through one of several visa programs available under the law. We closely work with immigration attorneys to make sure US companies realize the benefits of employing foreign-national workers while complying with applicable immigration laws and regulations.
• As the US Department of Homeland Security steps up immigration law enforcement, it behoves companies to make sure every one of its workers has a legal right to work in the US. Homeland Security penalties for employing undocumented workers range from substantial per-undocumented worker fines to jail time.

The H2B visa program lets US employers hire foreign workers on a temporary basis. Specifically, the temporary nature of the employment must be one-time, seasonal, peak load, or intermittent.

A seasonal need is one that recurs predictably every year. A “season” may last up to ten months each year. Examples of seasonal jobs for which H2B visa workers may be utilized include hotel maids during the winter vacation season, construction workers during the summer construction season, and amusement park workers during the summer vacation season

Peak-load refers to the need to supplement a permanent workforce with temporary workers due to a short-term spike in demand for products or services.

An intermittent need is utilized when an employer has a need for employees but that need is by nature sporadic and unpredictable in a way in which a permanent workforce cannot be utilized.

The employer must show that the need for workers is not ongoing and is either seasonal, one-time, intermittent, or peak-load.

• The nature of the job is not important so long as it is not agricultural. What is important is whether the employer can demonstrate that the need is temporary.
• Also, although the H2B may only be utilized to bring in foreign workers to perform work that is demonstrated to be temporary in nature, once in the US the workers’ status may be changed, extended and in some cases the employer may obtain permanent work status for the workers.

• With a few notable exceptions (e.g. voting), H2B workers enjoy the same privileges as US residents including the ability to get a driver’s license, the ability to apply for credit.
• The workers may also travel within the US and outside the US.

• The most important limitation on the H2B is that the employer must demonstrate that the need for foreign workers is temporary, or specifically seasonal, one-time, peak-load, or intermittent.
• Additionally, there is an cap on the number of foreign nationals that may obtain H2B status. Currently, the cap changes periodically and currently stands at 66,000. However, workers that are extending their H2B status or have held H2B status within the last 3 years are exempt from the cap through the H2R.
• Finally, the nature of the job must be non-agricultural. For agricultural jobs, the H2A visa may be utilized for which there is no annual cap.

The employer must demonstrate, with both financial and non-financial evidence, that the need is indeed temporary. The employer must also demonstrate that no US workers (which includes citizens and permanent residents) are qualified and willing to perform the job. Throughout the H2B process, the employer works closely with an immigration attorney to address all the requirements.

The H2B visa holder must have non-immigrant intent. Additionally, the worker may not be barred from entering the US. Workers that are barred include those that are subject to the 10-year bar for being in the US while out-of-status and workers that are listed on government watch-lists.

The duration of the visa is limited to the temporary need of the employer and may last as long as one year, after which the employer may extend the visa for up to three years.

Yes. An employer may extend the visa for up to three years. Additionally, an employer demonstrates that there are extraordinary circumstances which were not anticipated at the time of application, the visa may be used for longer then one year without extension.

Yes. The employer may file for an extension with valid justification.

Yes. An H2B worker may switch to another type of visa, including B-2 (tourist), H1-B (skilled worker), and F-1 (student).

Yes,so long as the education is not full-time.

Yes. An H2B worker may bring in a spouse and children under the age of 21 under H4 status. The children may legally attend school while in the US. However, a foreign-national whishing to get H2B status may have a difficult time showing non-immigrant intent if accompanied by a spouse and children.

No. Dependents must apply for a separate work visa.

Yes. The children may legally attend school in the US.

No. The H2B worker may travel in and out of the US so long as they return while the visa is still valid.

The first step of the H2B process, the labour certification, may not be filed earlier then 120 days before the start date of the job (s). Overall, the process may take as long as six months so careful planning is necessary.

The employer must demonstrate that no US workers are qualified and willing to perform the job(s). Additionally, the employer must may demonstrate that the foreign-national(s) will be paid prevailing US wages for the occupation(s). Osrec clients work closely with our legal consultant The Broyles Law Office to address all the Labour Certification requirements and timely file the petition.

The validity dates the start and end dates specified on the labour certification. In no case may the validity dates exceed one year.

Although filing petitions for such employers is more complicated, it is possible. Osrec works with various staffing agencies who utilize the H2B visa.

The labour certification should be filed 120 days before the start date of the job(s).

After the US Department of Labour makes a final determination on the temporary Labour Certification, the employer may file an H2B visa petition with the USCIS.

The USCIS will issue an approval notice to the employer's legal representative.

In most cases yes.

A petition may be denied for a number of reasons, including if the employer’s need for workers is not temporary and did not meet one of the time period requirements, if US workers are available to fill all the requested positions, if the recruitment process was not properly conducted, and if the foreign-nationals were not to be paid prevailing US wages.

The petition must be submitted to a USCIS office in charge with H2B visa processing.

Yes. The denial is not binding and the USCIS may override the Department of Labour decision.

Due to the non-immigrant intent requirement of the H2B, a foreign-national on H2B status may not directly file for permanent status. It is however possible to get permanent status through careful planning and the assistance of legal counsel.

The H2B workers must have reasonable access to housing, food, and transportation to the job site. Costs associated with all three do not need to be paid for by the employer so long as they are reasonable.