The H-2B Process at International Personnel Resources

The H-2B filing process involves three U.S. government agencies: the Department of Labor, the United States Citizenship and Immigration Services (formerly the I.N.S.) and the State Department.

The Department of Labor

By filing with the Department of Labor's Employment and Training Administration the Application for Alien Employment Certification (Form ETA 750) with the Department of Labor (DOL) not more than 120 calendar days prior to the projected start date.

Two levels of DOL involvement in the H-2B filing process: the State, represented by the "Local Office" and Federal, represented by the "Regional Office".

The Local Office determines:

"Prevailing wage" (take to FAQ regarding same) for each job category petitioned.
Issues "advertising instructions" for the number and type of positions requested.
Forwards the ETA 750 to the Regional office's Certifying Officer for a Determination.

The Regional Office reviews:

ETA 750 to assure accuracy
Regional Office's Certifying Officer issues either an approval or denial

Department of Labor's processing times vary. If all goes well, the processing time will take approximately seven to ten weeks. Many factors regarding the processing time of the application are internal to the DOL's work schedule and completely out of the control of the applicant. However, the process can take considerably longer if the employer's application is incomplete in any way. In addition, if the employer, or the employer's Agent and/or attorney, is not closely following the developments of the case as it proceeds through the DOL, several days and/or weeks can easily be added to the DOL filing timeline.

The United States Citizenship and Immigration Services
(Formerly the Immigration and Naturalization Service or, I.N.S.)

Following approval of the DOL's Certifying Officer, the ETA 750 is sent to the United States Citizenship and Immigration Services (U.S.C.I.S.).

Request for Premium Processing Service is $1,000 per petition - for one or one hundred workers. The RPPS results in a fifteen business day turn around of a Notice of Action, it is not a guarantee of approval.

IPR has found this method imperative to a successful H-2B program, and will not serve as Agent to any company that does not file this request.

This stage of the H-2B process should take no more than three weeks, however all paperwork is to be completed and submitted promptly.

The State Department

Operates from US Embassy and Consulate offices worldwide and issues the H-2B visas.