| Frequently Asked Questions |
Your Immigration Questions Answered by VisaPro.
Here, you will find detailed answers to many of most common immigration questions. |
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| 26. | How will I know when my H-2B visa application is accepted for consideration? |
| | | | | If your application is accepted for consideration, the regional administrator will notify the employer in writing. The regional administrator's notice of acceptance will: |
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| • | Inform the employer and the SWA of specific efforts expected of them regarding recruitment of U.S. workers |  |
| • | Require that the job order be placed into appropriate intrastate and interstate clearances and | |
| • | Require the employer to engage in independent positive recruitment efforts within a multi-state region of traditional or expected labor supply if the regional administrator determines there is a sufficient supply of labor to be recruited |
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| 27. |
How will I know if my H-2B visa application is not considered? | | | | | |
If your application is not accepted, then the regional administrator will notify the employer in writing within seven days after receipt of the application. The regional administrator's notice of nonacceptance will: | | | |
| | | • | State why the employer's application is not acceptable |
| | • | State changes necessary for the application to be accepted for consideration |
| | • | Allow the employer five calendar days to resubmit the application |
| | • | Outline procedures employer may use to appeal the RA's nonacceptance |
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| 28. | Can my employer re-submit the amended application for H-2B visa? |
| | | | | Yes, your employer may resubmit the H-2B visa application with modifications. In such instances, the employer should file the amended application within five
days of the regional administrator's notice of non-acceptance. The amended application must be filed with the regional administrator (with a copy to the SWA). |
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