Non-Immigrant Visas Application process for H2A/H2B

The prospective employer of the applicant must file a labor condition application with the Department of Labor concerning the terms and conditions of the contract of employment.  Then, the prospective employer should file the petition (Form I-129) with the USCIS Service Center which has jurisdiction over the area where the employment will take place.  The USCIS will forward the approved petition Notice of Action/Approval “form I-797” to the employer.  The employer will then forward the “Notice of Action/Approval” form I-797 to applicant.  This I-797 approval notice is not a visa.  The applicant must obtain a visa at a U.S. Embassy or Consulate to enter the U.S. Internet links that provide information about the process: U.S. Department of Labor  http://www.foreignlaborcert.doleta.gov/ U.S. CIS http://www.uscis.gov/portal/site/uscis U.S. Department of State http://www.travel.state.gov/ Note: For a fee, the USCIS offers a Premium Processing Service, which expedites the processing of a nonimmigrant visa petition. When to apply: If the petition has been approved, posts are authorized to accept H visa petitions and issue visas to qualified applicants up to 90 days in advance of applicants’ beginning of employment status as noted on the Form I-797, Notice of Action.  Applicants can only use the visa to apply for reentry to the U.S. starting ten days prior to the beginning of the approved status period noted on their Form I-797. H2B / H2A Visa Application Instruction For U.S. Consulate In Matamoros The U.S. company (U.S. employer/petitioner) needs to email CSC at: H2BMEX@csc.com. In your email, please include the following information:  • Petition number • The owner of the company’s name, email address and phone number • The name, email address, and phone number of a point of contact who will act on behalf of the owner, if you choose to delegate one • The number of appointments and the date and time frame desired • List of applicants in alphabetical order by last name. Note:  The list should name only applicants coming on the appointment date.  o Last name(s), first name(s) o Date and place of birth o Passport number (if available) o Specify the applicants who are substitutions, if any.  Please include complete name(s) and date(s) of birth of the applicant(s) listed on I-797 who will be deleted from the list and the name(s) and date(s) of birth of the replacement worker(s). • Visa or Master Card billing information. You will be charged $1.50 per applicant for use of this service.  If you do not wish to email billing information, please fax it to (703) 653-9795. Billing information must include: o Name as it appears on the card o 16-digit credit card number o Billing address, including zip code o 4-digit expiration date The petitioner will shortly receive an email from CSC confirming that the company’s email was received.  Within 5 business days you will receive another email with a payment receipt and the dates and times of the appointments.  The petitioner may change who will attend an appointment, as long as the total number of appointments does not exceed the number approved on the petition. To do so, please send an email to  H2BMEX@csc.com at least 5 business days before the day of the appointment.  IMPORTANT NOTE: Only the employer or the authorized representative is able to make the appointment. If you ask to schedule more appointments than the ones that are authorized in the petition or exceed the number of available slots, the U.S. Consulate General in Matamoros will only process the number of available slots and the rest of the H2B/H2A applicants WILL NOT BE PROCESSED. Appointment date: Access to the Consulate will only be given to those employees listed on the Group Applicant list that the petitioner has previously sent. On the day of the appointment, applicants must report to the Consulate for enrollment at 7:00 AM with their completed DS-160. All information requested on the application must be completed online.  This online form contains a barcode, which allows the electronic transfer of data and therefore reduces waiting time during the visa application process.  If they have not already completed the application forms, we will be unable to accept their applications.  Approved applicants will receive their multiple-entry visas the same day after 3:30 PM.  Required documents for the day of the appointment: 1. Original of the I-797 form, Notice of Action/Approval. 2. A properly completed DS-160 form. 3. Receipt for the nonrefundable $131 MRV application processing fee paid at any BANAMEX in Mexico.  Bulk receipts for multiple applicants will be accepted as long as the total equals $131 dollars per applicant. 4. A valid Mexican passport. 5. Evidence of all previously issued visas. IMPORTANT NOTE: If applicants do not have all the items above, the appointment will be cancelled and the company must schedule a new appointment. Visa Fee:  For each applicant that is approved, an additional $100 visa reciprocity fee is required.  This is to be paid at the Consulate by credit card or in US dollars.  This may also be paid in bulk format. NOTE:  False declarations on the visa application form or verbally may result in permanent ineligibility for visas and other immigration benefits. Companies must inform this Consulate of any worker who does not complete his period of employment for whatever reason. Extension of stay: Those temporary workers who wish to stay beyond the time indicated on their form I-94 must contact USCIS to request Form I-539, Application to Extend Status.  The decision to grant or deny a request for extension of stay is made solely by the USCIS.