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H2B Visa - Frequently Asked Questions


Are there any travel restrictions on H-2B visa?

There are no travel restrictions on H-2B visa. You may travel as many times as required before the expiry of your H-2B status. The USCIS also does not impose any time limit on your stay abroad.


What is the processing time for H-2B visa?

The employer should file the H-2B petition at least 60 days but not more than 120 days before the worker is needed. As this is a lengthy process, the employer must allow enough processing time for delays and correction of application errors.

Note:The DOL will return H-2B certification applications filed more than 120 days before the worker is needed

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What is the general procedure to obtain a temporary
Labor Certification?

A temporary Labor Certification must be obtained from the U.S. Department of Labor to employ temporary or seasonal workers. Before the USCIS can approve an employer's petition for such workers, the employer must file an application
(Form ETA-9142) with the DOL stating that there are not sufficient workers who are able, willing, qualified, and available and that the employment of foreign nationals will not adversely affect the wages and working conditions of similarly employed U.S. workers.


What is the validity of temporary Labor Certification?

A temporary labor certification is:

  • Valid only for the number of foreign nationals, the occupation, the area of employment, the specific activity, the period of time, and the employer specified in the certification
  • Limited to one employer's specific job, opportunity; it may not be transferred from one employer to another
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