How does the rest of the application process work?

After the labor certification petition has been approved, two further steps have to be taken in the application process:

an application has to be filed with the appropriate USCIS service center

After the complicated labor certification process, the real application can be filed with the appropriate USCIS service center. This is the step during which the employer officially submits his petition to the US authorities to request permission to employ a foreign worker.

In addition to the usual forms (I-129) and the fees, extensive documentation concerning the position, the worker’s qualification, and the employer has to be submitted along with the application.

For this visa also, a speeded-up process costing an extra $ 1000 is available (premium processing). Premium processing means the USCIS will give a preliminary response (not a final decision) 15 days after receiving the petition.

If the application has been approved, the employer gets a written approval notice (I-797) that also includes the status period.

Filing an application with the consulate or changing of status

Once the USCIS has issued a notice of approval (form I-797), the last step (usually) is to apply for the actual H-2B visa at the appropriate US consulate in the applicants home country.

Please note:

Even with an approval notice issued by the USCIS, the US consulate can still reject the visa application, e.g. due to formal errors or other concerns. Therefore, it is advisable to prepare this application just as carefully.