Successful H-2B Visa Extension! We recently had an H-2B visa extension approved by U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) for cooks at a restaurant with a start date of October 1, 2023 (first half of fiscal year 2024) and until June 30, 2024. In previous years the company has used the H-2B visa program to temporary employ foreign workers during its annual peak load.
To obtain an H-2B visa extension for cooks for October 1, 2023, the employing restaurant started the H-2B visa process 6 months in advance of the start date. The company first obtained a labor certification from DOL and afterwards, an H-2B extension approval from USCIS. To learn more about H-2B visa extension, visit Can H-2B visa be extended?.
For the H-2B visa extension, the employing U.S. company must follow strict rules and regulations at both DOL and USCIS, including obtaining a prevailing wage determination, demonstrating the temporary need for workers, conducting recruitment, and obtaining USCIS approval. Moreover, the US employer must also meet all the deadlines of the H-2B visa program. To learn more about the requirements, visit our H-2B visa requirements page.
In this H-2B extension case, DOL issued the prevailing wage determination within 1 month and the notice of acceptance from DOL was issued within 2 months. The I-129 H-2B extension was filed with premium processing and USCIS approved the case within 4 days without a Request for Further Evidence. The H-2B extension was approved for the entire period requested. The overall processing time for the H-2B Extension for start date of October 1, from the time the documents and applications were prepared for DOL and until it was successfully approved by USCIS was approximately 6 months.
Malescu Law can assist
The H-2B visa program is complex and contains many intricacies and strict deadlines. If you are a US company interested in bringing foreign workers to temporary supplement your permanent staff, contact us as soon as possible to discuss your case.
Our experienced business immigration lawyers in Miami, Florida USA assist US companies with applying for the H-2B visa program. Contact our H-2B visa lawyers to schedule an appointment today or book a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
