Eligibility

• H2B visas are for "temporary workers performing other services or labor, skilled or unskilled." Employers apply for these visas with U.S. Citizenship and Immigration Services on behalf of the potential employee. Only workers from certain countries that have been cleared through the secretary of state are eligible for the program. These visas are for non-agricultural jobs.
  
  

Temporary Labor Certification

• Complete form ETA 750, Part A, which can be found at http://www.foreignlaborcert.doleta.gov/h-2b.cfm. Submit two originals of this form with the State Workforce Agency (SWA) in your area. They will review it and send it to the Chicago National Processing Center (NPC). This process does not apply to employers of boilermakers, entertainers, logging and professional team sports players. File the application at least 60 days before you need the worker, but no more than 120 days before.
  
  

Justification

• Send evidence that you have advertised the job or otherwise tried to recruit U.S. workers, along with your ETA 750. Submit separately a detailed statement of why you have a need for temporary employees, which must meet the standard of "a one-time occurrence, a seasonal need, a peakload need or an intermittent need." A labor shortage is not sufficient criteria.
  
  

10-Day Posting

• The SWA will post the job in its job pool and you, the employer, must also advertise the job for 10 days to see if any Americans apply. If they don't, it will be forwarded to the NPC for processing.
  
  

Final Application

• Once accepted, complete form I-129 and submit it to the U.S. Customs and Immigration Services for their final determination. Once approved,you will be notified of the acceptance of your petition. If your worker is currently and validly in the United States, he may begin working. If he is outside of the country, the petition will be sent to the U.S. consulate closest to the worker. The worker can go there to apply for the non-immigrant visa.