The H-2B visa program allows U.S. companies to hire foreign workers to fill temporary positions in non-agricultural areas. In addition, there are a number of important rights for each of the workers.

What kind of jobs can you do on the H-2B visa and how much do they pay?

• Carpenter: $15.58 per hour.
• Cement mason: $15.66 per hour.
• Electrician: $18.52 per hour.
• Plumber: $156.52 per hour.
• Reinforcing metal worker: $16.73 per hour.
• Welder: $18.87 per hour.
• Heavy equipment operator: $18.06 per hour.
• Painter: $128 per hour.
• Pipe fitter: $17.05 per hour.
• Sheet metal worker: $17.66 per hour.

What are the requirements to obtain the H-2B visa?

• No academic or professional degree is required.
• You may or may not have previous work experience.
• You must meet the specific requirements of the job offered by the U.S. company.

It is important to note that the number of H-2B visas granted by the U.S. government is limited by fiscal year, according to Vive USA.

What rights does an H-2B worker have?

Right to Social Security

The Department of Labor emphasizes that your terms and conditions of employment must comply with all applicable federal, state and local labor laws, including health and social security laws.

Above Minimum Wage

Each state has a minimum wage. Depending on where the company that hired you is located, your wage must be higher. 

“You must be paid the higher of the statutory minimum wage or the prevailing wage for the area where you are proposed to be employed during your approved H-2B labor certificate period,” they note.

They have to make your tax payments

Your employer must make all tax deductions from your pay that are required by law.

You should not be asked for money

The Department of Labor notes that your employer cannot require you to pay, directly or indirectly, anything that is related to getting the job, “including any part of the fees required to file the application, attorney's fees, or recruiting costs.”

They cannot change your employer

Your visa is to work with a specific employer. It cannot change your job, company, or area without getting a new temporary certificate from the Department of Labor.

Must give you return transportation

“Your employer is required to provide you with transportation back to your home country if you are terminated before the end of your authorized period of stay,” they note.

What is the procedure to apply for this visa?

• The employer files an Application for Temporary Labor Certification with the U.S. Department of Labor.
• Once the certification is received, a Form I-129 is filed with USCIS.
• If approved, workers file an H2-B visa petition with the U.S. Consulate in Mexico. The DS-160 visa application form is completed and the fee is paid.
• “Your agent can assist you in completing the form, but it is ultimately the applicant's responsibility to ensure that all information contained in the application is complete and correct,” notes the U.S. Embassy in Mexico.
• The fee is non-refundable, even if the work visa is not granted.
  The applicant must have a valid and current passport, a valid petition number and proof of payment.
• It is necessary to appear at the Applicant Service Center to provide biometric data (fingerprints, photograph).
• The applicant undergoes an interview with a consular officer, who approves or denies the visa.

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