HR Nepal

H-2B:

H-2B visa is for those who go to the United States to perform non-agricultural temporary or seasonal work for an employer when U.S. labor power does not make itself available.

INFORMATION ABOUT THE H-2B VISA:

H-2B Visa can be issued relatively rapidly.
The temporary employee can work legally in the United States for a maximum of one year, Work Start and End Dates vary from employer to employer.
The employee may continually travel in and out of the United States or stay in the United States throughout the period of the H-2B Visa.
The employee is allowed to work only for the U.S. employer who acts as the H-2B sponsor. If the employee wants to change the job, he/she must obtain a new petition for an H-2B Visa.
H-2B Visas may be approved for a maximum of one year. Besides, it allows additional one-year extension. After a maximum of three years, the employee must return home and wait a minimum of one year before applying for another H-2B Visa.

PROCESSING TIME:
Labor certification takes two to three months, depending on the state that you are petitioning.
Petition approval from the United States Citizenship and Immigration Service (USCIS) takes an extra two to four weeks, but it can take a long period like two months, unless the petition is filed by the Premium Processing Service.
Once the petition is approved, visas are approved within two days to two weeks depending on the U.S. Consulate. Employees going to Canada will be processed directly at the Port of Entry.
A minimum of four months should be allowed for a complete processing of the H-2B Visa.
An employee may qualify for an H-2B Visa when going to the U.S. to accept the following types of employment:
1. Seasonal 2. Peak load 3. Intermittent 4. One time occurrence
4. Periodic 5. Recurrent annually 6. Unpredictable

QUALIFICATIONS:
The employee must have the appropriate background and well skills to perform the job. H-2B Visas are for skilled and unskilled employees. To obtain an H-2B Visa, the employer must show that there are no qualified Americans available to take the offered job. The word "temporary" means that the job will last only for a predetermined period. If the job continues to exist after the employee leaving, it does not meet the H-2B requirements. There are four requirements to obtain an H2B Visa:
1.) The employee must have a job offering from a U.S. employer to perform a temporary job.
2.) The employee must meet the minimum qualifications for the job offered by the employer.
3.) No qualified Americans are willing or able to take the job.
4.) The employee must intend to return home when the job finishes and visa expires.
THREE PROCESSING STEPS
Step1Temporary Labor Certification (ETA 750A)
Step 2The H2B Visa Application and approval of temporary employees by USCIS
Step 3. Obtaining Consular Approval for the H2B Visa Application

H-2A:

H-2A visa is for those who go to the United States to perform agricultural labor with a temporary or seasonal service for an employer when US Labor power does not make itself available.
INFORMATION ON THE H-2A VISA:
The H2A temporary agricultural program is a method for those agricultural employers who anticipate the shortage of domestic workers, and the method is to bring non-immigrant foreign workers to U.S. and then to perform agricultural labor with a temporary or seasonal service.
Criteria of Employee's Eligibility:

You are eligible for providing the H2A seasonal agricultural workers visa:
You have a valid job which is offered by a U.S. employer to perform temporary or seasonal agricultural work.
You intend to return to your home country on expiration of the visa

Filling Process :
Step1Applying for Temporary Labor Certification
Step 2 Filing the H2A Petition
Step 3 Applying for the H2A Visa at an American Consulate