| 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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| 29. | Under what circumstances can my H-2B visa application be denied? |
| | | | | An H-2B visa application may be denied when: | | |
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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 |  | | •
| Enough able, willing, and qualified eligible U.S. workers are available to fill all the employer's job opportunities | |
| • | The employer has not satisfactorily complied with positive recruitment requirements | |
| • | The employer, since the application was accepted for consideration, has adversely affected the wages, working conditions, or benefits of U.S. workers | |
| • |
After appropriate notice and opportunity for a hearing, the Certifying Officer determines that the employer has substantially violated a material term or condition of a previous H-2B certification within the last two years |
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| 30. |
Where should I submit the H-2B visa application? | | | | | |
If you are: | | | | | |
| • |
In a lawful status in the U.S., submit the visa application to a USCIS Service Center in the U.S. |
| | • | Outside the U.S., submit the visa application to the American Consulate where you reside |
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| 31. | What if my Labor Certification Application is denied, can I still file with USCIS? | | |
| | | No, the regulations require that a approved labor certification be attached to the I-129. |
| 32. |
Can I apply for a Green Card while on H-2B status? | | | | | | Yes,
you may apply for Green Card while on H-2B visa. You may attain an immigrant status in the U.S. through the Family Based Immigration. If you have close relatives who are U.S. citizens or U.S. permanent residents, the relatives may file an immigration petition for you as the beneficiary. Close relatives, as defined by immigration law, include parents, unmarried minor children and spouses. |
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