NON-IMMIGRANT VISAS

Short-Term Workers

Those who have been invited to the U.S. for temporary seasonal work, must obtain a visa from the U.S. Embassy in Kingston.  In order to be considered a nonimmigrant under the above classifications, the applicant's prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, with the United States Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS). Once approved, the employer or agent is sent a notice of approval, Form I-797.  Once the prospective employee is listed on the I-797, he or she can visit the U.S. Embassy for the visa interview.

Agent Registration

Step 1: Agent registration and identification

1. An agent registration form is available via email from H2Bkingston@state.gov.   People who wish to register as agents (for themselves or as an agency) MUST request via email the registration form, complete the electronic form and email it to H2Bkingston@state.gov.  Agents who are paid to act on the behalf of others must also submit a scanned mockup of the identification card they will attach to each passport and also a scanned copy of their Ministry of Labor license.

2.  Registered agents will be allowed to schedule intake appointments via email.

3.  H2B staff will respond to the registration email with an agent number and representative numbers as appropriate.  Each agent will be limited to three representatives.

4.  H2B staff will also attach current instructions for the H2B intake, scheduling and interview process.  These instructions will also be available on our web-site. 

5.  This registration step must only be done once by an agent. 

6.  Each agent must ensure that representatives who leave the agent’s employment are removed from their registration and new representatives (up to a maximum of three total representatives) are added to their registration.

Step 2: E-mail scheduling of intake appointments

1. Registered agents make an appointment to do intake by sending an email to the H2B mailbox (H2BKingston@state.gov) that includes the following information:
   a. Agency name and embassy registration number
   b. Representative coming for intake
   c. Petition number
   d. Petitioner name and location
   e. Type of petition (H2B, J1, P, O, etc)
   f. Is the petition named or unnamed
   g. Number of applications being delivered

2.  Agents may list multiple petitions in one email, but each one must have all info included for each petition.

3.  When we receive your email, you will receive an automatic response from our email mail box.  If you do not get this response within 24 hours of sending your intake appointment request, please send it again.

4.  H2B staff will respond to the agents with their scheduled appointment date and time.

5.  The representative is expected to arrive for intake appointment NO MORE THAN 15 minutes before the scheduled appointment.

Step 3: Intake Process

1.  The representative is expected to arrive for intake appointment NO MORE THAN 15 minutes before the scheduled appointment.

2. Intake will be performed as scheduled.  There will be no unscheduled intake.

3. Agents will be given a Q-matic ticket by the process facilitator.

4. H2B staff will call the agents in numeric order.  H2B staff will review the documents presented and identify if the agent has the things required for scheduling.  H2B agent will reject applications that are not completed to the required standard.  H2B staff will schedule appointments for the applications that meet the required standard.

5. To meet the required standard, agents (or self-representing applicants) are required to bring the following information:

• The original copy of the DHS approved petition (I-797).  If you are unable to bring in an original copy of the petition, you must bring at least a copy of it.  We will attempt to validate your copy through the DHS database.  If we are unable to validate it, it will cause delays in the scheduling of your applicants.  All agents are encouraged to keep a copy of the petition submitted.

• A passport that is valid for at least the next six months for each applicant

• Fully completed and signed visa application forms for each applicant
DS-156 http://evisaforms.state.gov/ DS-157 http://foia.state.gov/FORMS/visa/ds0157.pdf

• A complete, unbroken bar code that will allow suitable scanning of data.

• One passport-sized photo (2” by 2” in a dark-colored shirt on a white background) stapled to the DS-156 in the photo box.  This photo cannot be more than six months old for each applicant.  Photos documented to be older than six months old will cause the rejection of the application.

• Paymaster “fee paid” receipt (numbered “1”) stapled to the back of the DS-156 form (Be  careful and not to staple through the photo on the front of the form please.)

• Professional agents must attach an identification card to each passport.  This is not required of self-representing applicants.

• Replacement process:

• Named petitions: If an applicant’s name is not listed on the original DHS petition approval notice, the agent must bring an original or faxed letter from the U.S. employer listing the applicant’s name and the name of the individual originally included in the petition who is being substituted for the new applicant.
• Unnamed petitions: a letter from the local agent showing the replacement of one person (whose information has already been submitted) with another applicant is required.
  
• The applicant is also required to bring to the interview the following:
     • All previous U.S. visas in old passports (even if the visa and/or passport has expired or  has been cancelled) for each applicant
     • Original copies of any approved DHS extension of previous work in the US.
     • A record of their passport number to be used for registering the delivery through Airpak

6. H2B staff will complete an interview ticket for the group and will give half of the ticket to the agent, along with an instruction sheet for the interview day.

7. Agents can ask for the passport back for any application submitted AFTER the H2B staff has been able to verify the information.  After this intake is complete, NO PASSPORTS can be returned FOR ANY REASON until the interview date.

8. The agent will depart the embassy compound after their intake appointment is complete.

Step 4: Interview day

1.   At 11.45, the guards will begin to allow the H2B interview ticket holders into the Consular Garden.

2.   At 12.00, the process facilitator will meet the H2B interview ticket holders (one representative from each group) in the Consular Garden.  The process facilitator will distribute one copy of the list to the correct group ticket holder.  Process facilitator gives instructions that each group leader is to organize his/her group according to the list of names.

3.    At 12.00, the guards will begin to allow the H2B applicants into the Consular Garden.  The group ticket holders organize their groups.

4.   When every member of the group is present and organized, with the first person on the list holding the ticket and name list, the group can proceed into the vestibule.  Any group that moves into the vestibule without all members present will state for the process facilitator the names of the no-show applicants.  Those people WILL NOT be allowed to interview that day and will be labeled as “no-shows”.

5.   At 12.45, the process facilitator will begin to verify the names of the first group ready.  The process facilitator will hand each person a number, and will explain that this is their interview number and they must listen for it to be called for their interview.

6.   At 1.00, entry through CAC2 will be stopped.  Applicants not arriving by 1.00 will not be allowed in for their interview.

7.   Process facilitator takes each group to the appropriate biometrics window.

8.   If the group is large (30+ people), the process facilitator may split it into two groups for bringing into biometrics in order to avoid crowding the room.

9.    The first person submits the name list and the ticket to the biometrics staff member.

10.   The applicant shows his/her Q-matic number.

11.   The biometrics person takes the fingerprints of each applicant.

12.   The biometrics person gives the applicant the passport and application and tells them to listen for their number in Section C.

13.   The applicant listens for his/her number and interview window and goes to that window when called.

14.   Applicant is interviewed.

15.   If the applicant is refused, the applicant receives a refusal letter and his/her passport is returned.

16.   If the applicant is approved, the applicant receives an orange ticket, an Airpak map, and instructions that the applicant (or agent) needs to make arrangements with Airpak for the delivery of the passports and visas.

Step 5: Visa and Passport delivery by Courier

1.   The processing of visas has become much more complex than it was in the past.  It is generally impossible for us to print a visa in less than 24 hours.

2.   For applications that flow through our system normally, our service guarantee to agents will be as follows:
   a. If the interview occurred on Business Day 1, delivery will be made to Kingston Airpak  on the morning of Business Day 4. Airpak will deliver the passports and visas in accordance with the level of service you requested.

3.   For applications that require additional processing for any reason, we are unable to provide a service guarantee.

Step 6: The Corrections Process

1.  Agents or applicants who identify errors in the printed visa should email the H2B mailbox (H2BKingston@state.gov).  The email should contain the full name and date of birth of the applicant.  It must also contain the exact information about the error and correction required.  For example:

  a. Full Name: Doe, John Fred
  b. Date of Birth: Jan 12, 1963
  c. Error #1: Gender
  d. Correction: Male
  e. Error #2: Passport Number
  f. Correction: A12345678

2.   The embassy relies on agents and applicants to review the information on the application for correctness.  Applicants or agents who do not review the information and submit bad data will not be allowed to use the short-term worker expedite process.

Step 7: The No-Show Process

1.    Registered agents may request via email an intake appointment for a no-show applicant.  The agent will come to the consular section on the intake day to pick up a new appointment ticket for the no-show applicant.  The applicant can ONLY be rescheduled for the same petition using this process.  The applicant cannot be changed to another petition.

2.    Applicants may only be re-scheduled ONE TIME.  After the applicant “no-shows” for a second time they will no longer be eligible for an expedited appointment, and must schedule through the regular NIV online scheduling system.

3.    A substitution may be done at this time with appropriate paperwork.

4.    Applications that are not re-scheduled within one calendar month will be considered abandoned and returned to the agent.  H2B staff will coordinate via email a time for the agent to retrieve the passport.  Applicants who do not re-schedule in a timely manner may schedule through the regular NIV online scheduling system.

Step 8: Agent training and rules review session

1.    In order to allow the visa unit to have a more effective and efficient short-term worker and performer scheduling process, the visa unit will be holding a series of agent training sessions.  Watch our web-site for information about the next available session.

2.    Rules for Your Information

   a. Applications will not be accepted for scheduling unless they are complete.

    b. If an application is found to be incomplete in the data entry process, the agent will    be contacted and the applicant will not be allowed to interview on the scheduled date.

   c. Retrieval of passports for travel or other purposes is only allowed at the intake stage.  Once a passport is submitted it cannot be returned until the interview date.

  d. We cannot accommodate emergency appointments for short-term worker or performer applicants.  Petitioners should apply early with USCIS. The consular section cannot reserve spaces for future appointment, but will attempt to grant the earliest appointments available on a “first-come, first served” basis.

 e. Only short-term and performer visas may be processed through this expedited process.  Interviews for B1/B2 and other visas will not be done during these appointment times and should be scheduled through our normal interview scheduling process.

 f. All communication with the Visa Unit will be done via e-mail.  No telephone inquiries are accepted by any member of the Visa Unit staff or any other embassy section.  Staff members found accepting telephone inquiries will face reprimand.  Agents found making telephone inquiries will be subject to blacklisting.

 g. Agents found attempting to use personal influence for beneficial intake dates or interview dates will be subject to blacklisting.  Staff members found assisting agents in any manner out of the standard process will face reprimand, possible dismissal and possible criminal charges.

 h. Inappropriate action by an agent representative will be held against the agent.

 i. Forgery of signatures on the application will result in agent blacklisting and possible criminal charges.

 j. The embassy relies on agents and applicants to review the information on the application for correctness.  Applicants or agents who do not review the information and submit bad data will be subject to blacklisting.

 k. Agents or applicants who are found submitting false information in order to make the applicant appear better qualified for the visa will be blacklisted.  Application information must be complete and accurate.

For More Information

Click on http://travel.state.gov/visa/temp/types/types_1275.html for detailed information about temporary work visas to the U.S.

Go to http://uscis.gov/graphics/services/tempbenefits/tempworker.htm and http://uscis.gov/graphics/formsfee/index.htm for additional guidance and forms pertaining to temporary work visas.

E-mail: H2Bkingston@state.gov if you have any questions or concerns pertaining to Short Term Worker visas.