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.
33. What are the requirements that should be met by the employer of H-2B work visa applicants?
- Recruitment: The employer must have made positive efforts to engage U.S. workers. This means an active effort, including newspaper advertising in areas of expected labor supply. This must be an effort independent of and in addition to the efforts of the SWA. In establishing worker qualifications and/or job specifications, the employer must designate only those qualifications and specifications which are essential to carrying out the job and which are normally required by other employers who do not hire foreign workers
- Wages: The wage or rate of pay must be the same for U.S. workers and H-2B workers. The hourly rate must also be at least as high as the applicable federal or state minimum wage, or the applicable prevailing hourly wage rate, whichever is higher.