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MikeDB

H2B question(s)!

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Filed: Timeline

Hello!! :)

I have recently decided to go to the U.S using a H2B visa and I have found some basic instructions on a site called workpermit.com. They posted some very simple instructions on how to obtain the H2B visa and I want to know if these are still valid or have been changed:

Filing the I-129 Petition

In order to be considered as a nonimmigrant under the above classifications, the prospective employer must file Form I-129, Petition for Nonimmigrant Worker, with the United States Bureau of Citizenship and Immigration Services (USCIS). Once approved, the employer is sent a notice of approval, Form I-797.

Applying for the Visa

If the prospective worker is outside of the US, he must then apply for a visa with the US consulate.

The H-2B visa application includes:

DS-156, Application for Nonimmigrant Visa

DS-157 if male between the ages of 16 and 45)

The necessary filing fees

Copy of Notice of Approval of H-2B Petition

Passport

One passport-style photo

Evidence of ties to the home country (family, property, current occupation, etc.) Like with any other nonimmigrant visa, the Consulate needs to see that each applicant has ties to the country so that he or she will return home after their work period ends.

If the prospective worker is already in the US and is changing from one nonimmigrant status to another, a visa is not required. However, if the worker leaves the US and wants to re-enter, s/he may need a visa.

I also have some questions about this:

1.) When filing the I-129 form, do I have to fill out the entire form or is there something specific?

2.) After I get approved do I fill out the DS-156 and DS-157 forms at my Embassy (I'm from Slovenia)? Also - I am 23 years old, so do I have to fill out the 157 form as well?

3.) Do I need a lawyer or is my employer enough?

4.) How long does it take to have everything processed?

Thanks so much and I'm sorry if this feels all disjointed or something... I've been staying up all night for this - gathering information :D

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