This Information is from the United States
Department of Labor
A Company who is having difficulty in securing local workers for
their workforce needs must first apply to the U.S. Department of
Labor for a "Labor Certification". This is to certifies that the
employer is offering terms and conditions of employment that will
not adversely affect similarly employed U.S. workers and that
sufficient qualified U.S. workers are not available at the time.
The application may not be filed more than 120 days before the date
workers are needed and must be filed at least 60 days before the
date workers are needed. The employer and the State Labor Department
will attempt to recruit local workers in the United States. When
U.S. workers cannot be found, a labor certification for the job
opportunities that remain unfilled will be issued to a company.
Once a company receives the labor certification, they may petition
the U.S. Department of Homeland Security for H2B visas for alien
workers. A company may ask for as many workers as they desire.
The employer must recruit the alien workers. When the company's
petition is approved by the USDOHS, the aliens recruited by the
company apply for visas to enter the United States at U.S. consulate
abroad through an agent. Then the workers enter the U.S. at any port
of entry. The Department of State issues visas at the consulate
abroad. The workers travel to the company, and can only work in the
specific job for which the company received certification. The H2B
workers can only work for that company.
The information provided here is not a substitute for the advice of