H - 2B IN-COUNTRY TRANSFER

This extension of the H2B program allows individuals who are currently in the United States working for any company on an H2B visa to extend their work contract by transferring to another employer that offers the H2B program. Transferring within the country can provide a valuable opportunity to continue your work in the United States, while also broadening your experiences and opening up new possibilities.

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H-2B In-Country Transfer

Our team of experienced professionals will work closely with you to understand your specific needs and match you with the right employer with your H2B In-Country Transfer. We highly prioritize working with companies and businesses that is trustworthy, have no discrimination, and is the best of the best in their respective fields.

We strive to provide valuable opportunities, experiences, and the best service with H2B In-Country Transfer. Rest assured that you will be getting the best employment experience when you work with us.

Process for Workers
Process for Employers

H-2B In-Country Transfer Process For Workers​​

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Initiating a Transfer

To initiate an In-Country Transfer, you must first find a new employer who is willing to sponsor you. Once you have found a new employer, they will need to file a new H-2B petition on your behalf. The new H-2B petition must be submitted before your current H-2B visa expires.

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Qualifications and Experience

When considering an H2B In-Country Transfer, you should ensure that you possess the necessary qualifications and experience required for the job position you are being transferred to. The H2B program mandates employers to show a scarcity of qualified U.S. workers and ensure that employing H2B workers won't negatively affect U.S. workers' wages and conditions. Therefore, it is crucial that you have the skills and experience that are needed to perform job duties.

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Transfer Implications

Before accepting an in-country transfer, assess its impact on your personal life. The in-country transfer may require you to a different location which may affect your family or social life. One should also consider the cost of living at the location, and whether or not the wages offered can cover your day-to-day expenses.

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Required Documentation

To apply for an In-Country Transfer, you will need to provide the following documentation:

  • Your current H-2B visa and previous ones
  • Your I-94 Arrival/Departure Record, and previous ones
  • A copy of the new employer's H-2B petition
  • Evidence of your qualifications for the new position, resume and recommendation letters from all H2B employers
  • Three most current paystubs from your H2B employers

You may also be required to undergo a medical examination and provide proof of your English language proficiency.

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Governmental Approval

After filing the new H-2B petition, it needs approval from the United States Citizenship and Immigration Services (USCIS) and the Department of Labor (DOL). The USCIS reviews the petition to verify your eligibility for the H-2B program. Once approved, they issue a new I-94 Arrival/Departure Record and a new H-2B visa stamp for your passport, enabling you to start working with your new employer.

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H2B In-Country Transfer
For Employers

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Job Offer and Wages

An H2B worker must be offered a job that meets the program’s requirements, including the job’s duration, location, and working conditions. The employer must also ensure that the job offer complies with the H2B program’s wage requirements, which mandate that the worker must receive the higher of the prevailing wage or the federal minimum wage.

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Worker Rights and Protections

The H2B worker must be provided with the same rights and protections as one would provide to a U.S. worker with the same job. This includes providing a safe and healthy work environment, complying with all labor laws, and providing workers’ compensation insurance.

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Compliance and Audits

The employer must maintain compliance with the H2B program’s regulations throughout the employment period of a worker. This includes keeping accurate records of the worker’s hours, wages, and other employment-related information. The employer must also cooperate with any audits or investigations conducted by the Department of Labor to ensure compliance with the H2B program regulations.

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Legal Assistance

While processing an H2B In-Country Transfer, it is not required but it is recommended to get legal assistance to ensure that your rights are protected. A qualified attorney can review your employment contract, and can even help you with negotiating the terms of your transfer, such as wages, job duties, and living arrangements.

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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Mauris vitae arcu et mauris ullamcorper accumsan. Etiam rutrum, lectus ut ullamcorper malesuada, mi justo auctor est, scelerisque rhoncus dui nulla in nunc. Fusce tristique massa ut felis auctor ultricies. Quisque id consectetur velit. Phasellus facilisis mauris metus, sit amet mollis ipsum ornare ac. Duis feugiat tempus porttitor.

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