How to Extend a H2B Visa
- 1). Determine if your employee is eligible to extend her H2B visa. The maximum period of continuous stay in the U.S. under H2B status is three years. Extensions are normally granted for no more than one year at a time. If an extension would result in your employee's stay in the U.S. exceeding three years, the H2B extension application will be denied. Nevertheless, your employee is allowed to work for a U.S. employer during the original H2B period and then change employers and file for an extension.
- 2). Complete Form ETA 750A and send it to the State Workforce Agency (SWA) that serves the area where your employee will work. Do this no earlier than 120 days and no later than 45 days before the expiration of your employee's current H2B visa. You will have to submit certain payroll and tax documentation as specified on the form.
- 3). Attempt to recruit U.S. workers for your employee's position as directed by the SWA, and report the results to the SWA. If you locate a qualified U.S. worker, you will be expected to abandon the H2B visa extension process. If your application is in order, the SWA will forward it to the U.S. Department of Labor for review.
- 4). Wait several weeks for the U.S. Labor Department of labor to issue you a Foreign Labor Certification on behalf of your employee.
- 5). Download Form I-129 from the website of the U.S. Citizenship and Immigration Service (USCIS). Complete this form and submit it to the USCIS along with the filing fee.
- 6). Wait for the USCIS to send you a Form I-797 Approval Notice. If the employee worked for another employer under his original H2B visa, you will need to wait until you receive the I-797 for your employee to begin working for you.