How to Apply for an H-2B Seasonal Worker Visa in Tennessee

The H-2B visa program offers U.S. employers the opportunity to hire foreign non-agricultural workers for temporary or seasonal jobs in various industries, particularly in tourism, hospitality, and construction. If you’re looking to apply for an H-2B seasonal worker visa in Tennessee, understanding the application process is crucial. Below are the steps you need to follow.

1. Determine Eligibility
Before beginning the application process, ensure that you meet the eligibility requirements for the H-2B visa. You must have a job offer from a U.S. employer who has secured a temporary labor certification from the Department of Labor (DOL). It's important that the job cannot be filled by qualified U.S. workers.

2. Employer Responsibilities
The application process starts with your employer. They need to file for a prevailing wage determination with the DOL and obtain a temporary labor certification. This step involves proving the necessity of hiring foreign workers due to a lack of U.S. workers for the positions available. Employers can start this process by filling out the forms available on the DOL website.

3. Complete Form I-129
Once your employer has received the temporary labor certification, they will need to file a Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). This form must be submitted alongside the labor certification approved by the DOL. The processing time can vary, so it’s advisable to submit as early as possible.

4. Pay Filing Fees
There are various fees associated with the H-2B visa application process that your employer needs to pay. These can include the I-129 filing fee, the fraud prevention and detection fee, and possibly other fees depending on the specifics of the application. Make sure the employer is prepared to handle these costs.

5. Receive the Approval
Once the Form I-129 is approved by USCIS, your employer will receive a Notice of Approval (Form I-797). This approval is required before you can proceed to the next step of applying for the visa at a U.S. consulate or embassy.

6. Apply for the H-2B Visa
With the Form I-797 in hand, you can now apply for the H-2B visa at a U.S. consulate or embassy in your home country. This involves completing Form DS-160, Online Nonimmigrant Visa Application, and scheduling a visa interview. Gather the necessary documentation, including your passport, a copy of the H-2B approval notice, a passport-sized photo, and any other requested materials.

7. Attend the Visa Interview
During your visa interview, the consular officer will review your application and ask questions about your employment in the U.S. Prepare to provide information regarding your ties to your home country, which is crucial for demonstrating your intent to return after the temporary employment period.

8. Wait for Visa Processing
After the interview, you will receive a determination regarding your visa application. If approved, your passport will be stamped with the H-2B visa, allowing you to travel to the United States for work. Processing times can vary, so check with the consulate for specific timeframes.

9. Arrive in the U.S. and Start Working
Once you receive your visa, you can travel to the United States. Upon arrival, present your visa and other necessary documents to U.S. Customs and Border Protection (CBP) at the point of entry. After passing through customs, you can begin your seasonal employment as per the terms of the H-2B visa.

Conclusion
Applying for an H-2B seasonal worker visa in Tennessee involves specific steps that both you and your employer must follow. By ensuring all requirements are met, and all necessary paperwork is filed accurately, your chances of a successful application will increase significantly. Always stay updated on any changes to immigration regulations that may affect the application process.