For anyone searching for a reliable and lucrative career, becoming a truck driver is a terrific alternative. The epidemic has resulted in a driver shortage, which has put a heavy demand on the trucking business in the United States. Nowadays, a lot of companies are hiring drivers from outside, so Canadians have a lot of options.
U.S. trucking companies can now hire foreign commercial truck drivers using the H-2B visa in response to the lack of local labor ready to take on non-agricultural jobs. This system gives possibilities for international labor and benefits American companies.
WHAT IS H – 2B VISA
Employers are allowed to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States under the H-2B nonimmigrant program, provided that the employment is for a limited time and is related to a one-time event, seasonal need, peakload need, or intermittent need. The employer must certify to the Department of Labor that it will pay the H-2B nonimmigrant worker for the occupation in the area of intended employment at a rate that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage for the duration of the approved H-2B labor certification.The H-2B program also establishes certain recruitment and displacement standards in order to protect similarly employed U.S. workers.
With effect from January 18, 2009, the Department of Homeland Security has assigned enforcement authority to the Wage and Hour Division to guarantee that H-2B workers are employed in accordance with H-2B labor certification criteria. Employers who breach specific H-2B regulations may be subject to administrative remedies from the salary and Hour Division, including salary payments and civil money fines.
WHO IS ELIGIBLE FOR A H-2B VISA?
In order to be eligible for H-2B nonimmigrant status, the petitioner needs to prove that:
The number of Americans who are competent, willing, qualified, and available to perform the temporary labor is insufficient.
The pay and working conditions of similarly employed U.S. workers will not be negatively impacted by hiring H-2B workers.
Regardless of whether the underlying job may be classified as transitory, it has a temporary requirement for the services or labor of the potential worker.
DUTY TERM
H-2B classification is generally granted by USCIS for the maximum amount of time specified on the temporary labor certification. For eligible employment, the H-2B classification may be extended in steps of up to one year each. With every request for an extension, a fresh, current temporary labor certification covering the desired duration must be submitted. Three years is the maximum stay allowed under the H-2B classification.
After obtaining H-2B nonimmigrant status for three years in a row, an individual needs to leave the country and stay out of it for three continuous months before applying for readmission. The overall H-2B duration also includes time spent in other H or L classes in the past.
H-2B ELIGIBLE COUNTRY LIST
If you are from these countries, you can get an H-2B visa:
Andorra
Argentina
Australia
Austria
Barbados
Belgium
Brazil
Brunei
Bulgaria
Canada
Chile
Colombia
Costa Rica
Croatia
Republic of Cyprus
Czech Republic
Denmark
Dominican Republic
Ecuador
El Salvador
Estonia
Fiji
Finland
France
Germany
Greece
Grenada
Guatemala
Haiti
Honduras
Hungary
Iceland
Ireland
Israel
Italy
Jamaica
Japan
Kiribati
Latvia
Liechtenstein
Lithuania
Luxembourg
North Macedonia
Madagascar
Malta
Mauritius
Mexico
Mongolia
Montenegro
Mozambique
Nauru
The Netherlands
Nicaragua
New Zealand
Norway
Panama
Papua New Guinea
Peru
The Philippines
Poland
Portugal
Romania
Saint Lucia
San Marino
Serbia
Singapore
Slovakia
Slovenia
Solomon Islands
South Africa
South Korea
Spain
St. Vincent and the Grenadines
Sweden
Switzerland
Taiwan
Thailand
Timor-Leste
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu
Speak with the knowledgeable lawyers at Scott D. Pollock & Associates P.C. if you are from Taiwan or any other nation that is not on this list. You will have to submit extra documentation for the H-2B visa.
The nations on this list are chosen by the Department of Homeland Security based on their readiness to supply travel papers, their travel document issuance procedure, and the quantity of removals carried out against their citizens.
H-2B ESSENTIAL DOCUMENTS
The journey doesn’t end when your employer files Form I-129 and your H-2B visa is approved. To complete the H-2B visa application process, you will need to visit the American embassy located in your nation and present the necessary paperwork and supporting documentation. Deliver these files to your American embassy:
Your Notice of Approval for H-2B visa
Your job offer from your future U.S. employer
Passport
Two Passport-size photos
Form DS-160. This is an online form, so bring the form and the receipt.
Form DS-156, application for non-immigrant visas
Filing fees
A work contract or lease for an apartment for when your H-2B visa ends. This is to demonstrate that you intend to stay within the terms of your temporary non-immigrant visa.
In addition, a DS-157 form is required if you are a male between the ages of 16 and 45.
HOW TO APPLY FOR A H-2B VISA
An H-2B visa application is first submitted to the employer who is located in the United States. You would have to go through three basic processes as an employer. These are the following:
Step 1: Submit a labor certification application
Step 2: Submit Form I-129 to USCIS
Step 3: Alien workers apply for a visa at the US embassy