29.12.2012 Views

Inspector's Field Manual - Gani

Inspector's Field Manual - Gani

Inspector's Field Manual - Gani

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

<strong>Inspector's</strong> <strong>Field</strong> <strong>Manual</strong><br />

(E) Dependents. Dependents are admitted as H-4. Dependents may not work but may attend school<br />

without changing status.<br />

(4) Classification: H-2B. Non-agricultural workers coming temporarily to perform services of a<br />

temporary nature.<br />

Documents required: Passport valid for 6 months beyond admission date, unless exempt. Nonimmigrant visa<br />

(H-2B), unless exempt. May present Form I-797, Notice of Action, or the visa may be notated with approval<br />

information by the consular officer.<br />

Qualifications: Must be coming temporarily to provide services of a temporary nature for which qualified U.S.<br />

workers are not available. All nonimmigrant grounds of inadmissibility apply.<br />

Terms of admission: Admit H-2B for validity of petition plus 10 days prior to validity date and up to 10 days<br />

after the expiration date [See 8 CFR 214.2(h)(13).].<br />

Notations on I-94: Front: H-2B, (date to which admitted). Reverse: Petition number and occupation from the<br />

list in Appendix 31-1 of the Adjudicator's <strong>Field</strong> <strong>Manual</strong>.<br />

Special notes:<br />

(A) Dual temporary issue. Unlike H-1 nonimmigrants, who do not have to show a foreign residence<br />

and who may be coming temporarily to fill positions which are permanent by nature, the H-2B must have a<br />

foreign residence and must be coming only to fill a position which is itself temporary or seasonal. See<br />

definitions in 8 CFR 214.2(h)(2).<br />

(B) Petitions. The approved petition is forwarded by the service center to the visa issuing post or, when<br />

no visa is required, to the proposed first port of entry of the beneficiary. Petition approval may also be sent via<br />

facsimile or cable. Information on petition approval may be verified by checking the CLAIMS database.<br />

Petitions may be valid for up to 3 years. Petition and visa validity generally coincide.<br />

(C) Multiple beneficiaries. H-2B petitions may be issued for multiple unnamed beneficiaries working<br />

in the same occupation. Because of the need to control the number of entries on multiple beneficiary petitions,<br />

local ports-of-entry should have specific procedures in place.<br />

(D) Dependents. Dependents are admitted as H-4. Dependents may not work but may attend school<br />

without changing status.<br />

(E) Canadian loggers. See Chapter 21.8 for special control procedures.<br />

(5) Classification: H-3. Aliens entering for the purpose of receiving instruction in any field of endeavor,<br />

other than graduate medical education or training.<br />

Documents required: Passport valid for 6 months beyond admission date, unless exempt. Nonimmigrant visa<br />

(H-3), unless exempt. Approved I-129 petition. May present Form I-797, Notice of Approval, or the visa may be<br />

noted with approval information by the consular officer.<br />

Qualifications: Must be coming temporarily for training unavailable in home country. Must have foreign<br />

residence. Productive employment may be only incidental to the training. Other specific limitations discussed<br />

in 8 CFR 214.2(h)(7). All nonimmigrant grounds of inadmissibility apply.<br />

Terms of admission: Admit H-3 for validity of petition plus 10 days prior to validity date and up to 10 days<br />

after the expiration date [See 8 CFR 214.2(h)(13).].<br />

Notations on I-94: Front: H-3, (date to which admitted). Reverse: petition number and occupation from the list<br />

in Appendix 31-1 of the Adjudicator's <strong>Field</strong> <strong>Manual</strong>.<br />

Special notes:

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!