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:
- State why the employer’s application is not acceptable
- State changes necessary for the application to be accepted for consideration
- Allow the employer Seven calendar days to resubmit the application
- Outline procedures employer may use to appeal the RA’s nonacceptance
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:
- 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
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