Work Visa Process: Information on theEmployer’s Role

Your main responsibility is to attend the consular interview. According to U.S. regulations,certified employers are responsible for handling the official petition process. Based on public information, from the moment a contract is signed until arrival in the U.S., the process can take approximately 2 to 4 months.

ETA 9142B – Initial Request to the Department of Labor

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Prevailing Wage Determination – DOL

The employer requests a prevailing wage determination from the DOL. This step ensures that H-2B workers are paid at least the average local wage for the job.

Recruitment and Public Job Ads

The employer must post job ads in authorized media to first try recruiting U.S. workers.

Certification by the Department of Labor (DOL)

If not enough qualified U.S. workers are found, the DOL issues a temporary labor certification.

Form I-129 – USCIS Petition

With DOL certification, the employer files Form I-129 with USCIS to authorize the visa.

USCIS Approval Wait

USCIS reviews the I-129 and issues an approval notice (I-797) if everything is in order.

Form DS-160 – Visa Application

The worker completes Form DS-160 online, providing personal, job, security, and travel info.

Schedule Embassy Appointment

After submitting DS-160, the worker schedules a consular interview at the U.S. embassy or consulate in their country.

Consular Interview and Approval

At the embassy, the worker is interviewed. If approved, the visa is stamped in their passport.

Get Ready to Travel to the U.S.!

With the approved and stamped visa, the worker can now plan their entry into the United States.