H2B Visa

Frequently Asked Questions & Answers

26. How will I know when my H-2B visa application is accepted for consideration?

If your application is accepted for consideration, the Certifying Officer will notify the employer in writing.


27. How will I know if my H-2B visa application is not considered?

If your application is not accepted, the Certifying Officer will notify the employer in writing. The Certifying Officer’s will issue a Request for Information (RFI) which will:

  1. State why the employer’s application is not acceptable
  2. State changes necessary for the application to be accepted for consideration
  3. Allow the employer Seven calendar days to resubmit the application
  4. Outline procedures employer may use to appeal the RA’s nonacceptance
OR
Check My Eligibility

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).


29. Under what circumstances can my H-2B visa application be denied?

An H-2B visa application may be denied when:

  1. 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
  2. Enough able, willing, and qualified eligible U.S. workers are available to fill all the employer’s job opportunities
  3. The employer has not satisfactorily complied with positive recruitment requirements
  4. The employer, since the application was accepted for consideration, has adversely affected the wages, working conditions, or benefits of U.S. workers
  5. 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

30. Where should I submit the H-2B visa application?

If you are:

  1. In a lawful status in the U.S., submit the visa application to a USCIS Service Center in the U.S.
  2. Outside the U.S., submit the visa application to the American Consulate where you reside