Jump to content

11 posts in this topic

Recommended Posts

Hey guys!

I (and my companion) are interested in the H2B visa.

I know what the process entails, but what I want to know is if we can start the visa process ourselves - without legal aid (I've read somewhere that it is indeed possible - I just want to know if that's true).

We already have an employer ready and able to hire us whenever, so that's wouldn't be a problem.

I have considered in hiring a lawyer (and have one in mind), I just want to find out if it's possible to circumvent that and try to solo it.

Thanks for your help, I've been acquiring information on this particular matter for a while now, after finding out about this forum I hope I don't have to trek around the net so much :D

Share this post


Link to post
Share on other sites

The employer has to file a petition with USCIS. Once that's approved, you can easily file for the H2B visa without and legal help. You cannot pay the legal or processing fees the employer has in filing the petition, so if he/she is not willing to assume those osts, you cannot get that type of visa.

Share this post


Link to post
Share on other sites

You do need a lawyer. You just turn up for the interview


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Thanks for all the helpful advice :)

So... it's best to get a lawyer myself?

I ask because lawyers typically charge for their ''legal fees'' and that can make it a bit steep.

If my employer does it, does he only pay the processing fees?

Also - my employer has to get in touch with DOL first, right?

Bear with me if my questions seem silly :)

Share this post


Link to post
Share on other sites

Your Employers lawyer handles all the paperwork.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Thanks for all the helpful advice :)

So... it's best to get a lawyer myself?

I ask because lawyers typically charge for their ''legal fees'' and that can make it a bit steep.

If my employer does it, does he only pay the processing fees?

Also - my employer has to get in touch with DOL first, right?

Bear with me if my questions seem silly :)

Again -- YOU do not need a lawyer. You are prohibited from paying any of the expenses of the petition filing/processing, which is the part that might need a lawyer. Your prospective employer has to do that; it should not matter to you what the employer has to pay -- he has to be willing to do it in order to employ you and cannot expect you to pay himback for any part of the process. So, if he's willing to petition, no problem for you. Once the petition is approved, you justtneed to apply for the visa; that doesn't require you to have a lawyer.

Share this post


Link to post
Share on other sites
Again -- YOU do not need a lawyer. You are prohibited from paying any of the expenses of the petition filing/processing, which is the part that might need a lawyer. Your prospective employer has to do that; it should not matter to you what the employer has to pay -- he has to be willing to do it in order to employ you and cannot expect you to pay himback for any part of the process. So, if he's willing to petition, no problem for you. Once the petition is approved, you justtneed to apply for the visa; that doesn't require you to have a lawyer.

I thought as much. I've read elsewhere that certain H2B petitioners didn't ''lawyer up'' so to speak, but I wanted to be sure.

So my employer goes to his lawyer and the lawyer starts the process - is that right?

Our employer is more than willing to hire us for an unspecified amount of time but I know the visa does not reflect that - I read that the maximum duration is 3 years. Would those 3 years apply if we worked as night housekeepers/custodians - the position offered (at the moment).

Is it possible that we get denied?

Share this post


Link to post
Share on other sites

It is seasonal or temporary.

For example ski resorts in the winter and beach resorts in the summer.

And this one does require that he has Labour Certification.

The Lawyer will direct him.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

I know that the visa is for up to 1 year and that there are circumstance where it can be extended to 3.

Do not know if your circumstances would allow that extension, something to ask the Lawyer.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×