QUALIFIED TEMPORARY WORKER VISAS
The Immigration and Nationality Act provides for a certain number of qualified temporary worker visas (H-2/B visas) to be issued each year. The work performed must be temporary in nature, not to exceed three years, and U.S. workers must be unavailable at the time and place that the work is required. Examples of qualified temporary work include agricultural work during peak seasons and seasonal resort work, such as kitchen help. Employers may not import foreign workers for temporary periods to occupy a permanent position. The Embassy cannot assist an applicant in finding employment in the United States.
REQUIREMENTS
Applicants for an H-2/B visa must establish to the satisfaction of the consular officer that they have binding ties to a residence in a foreign country which they have no intention of abandoning, and that they will depart the United States at the end of their employment contract. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.
In order to receive H-2/B status, the sponsoring employer in the United States must file a labor condition application (LCA) with the Department of Labor attesting to several items, including payment of prevailing wages for the position, and the working conditions offered. The employer must then file an I-129 petition with the USCIS and, unless specifically exempt under the law, pay a $320 fee to sponsor the H-2/B worker. (Note: fee subject to change) After the petition has been approved, the USCIS will send the applicant a Form I-797 Notice Of Action, with which the applicant can apply for the visa. The USCIS currently has an expedited service for filing these kinds of petitions. To learn more about the petition approval process and expedited processing, see the USCIS website at http://www.uscis.gov.
Applicants who wish to apply for an H-2/B visa should contact the embassy first at jakh2b@state.gov before applying for a visa.
APPLICATION PROCESS
In Indonesia, an application for an H-2/B visa to go to the United States can only be made at the U.S. Embassy in Jakarta, which is located at Jl. Merdeka Selatan No. 5, Jakarta Pusat. The U.S. Consulate General in Surabaya, which is located at Jalan Raya Dr. Soetomo 33 does not process H-2/B visas at this time. The Consular Agent in Bali and the U.S. Consulate in Medan can provide basic information and information about visa application forms, however, all applications for visas must be submitted to the U.S. Embassy in Jakarta by appointment.
REQUEST AN APPOINTMENT
Applicants who wish to apply for an H-2/B visa should contact the embassy first at jakh2b@state.gov before applying for a visa. Applicants will be given further directions on how to schedule an appointment from us at that email address. All H-2/B applicants should apply for their visas only in Jakarta.
Appointments are scheduled workdays excluding public holidays . Appointment times are staggered; applicants should arrive at the Embassy at the time stated. Applicants who qualify for the business visa program in Jakarta can see our Business Visa Program page for more information on how to prepare for an interview.
If you must travel earlier than your scheduled appointment, or if you missed your appointment, you must reschedule your appointment using the online appointment system. Please do not come to the Embassy without rescheduling.
THE VISA APPLICATION AND INTERVIEW
Visa interviews are conducted directly between the consular officer and the applicant. Third parties, including lawyers and American citizen sponsors, are generally not allowed to be present at the interview, though exceptions are granted for those people who do not speak English nor Indonesian and need a translator, or for people who need physical assistance. All visa applicants between 14 and 80 years of age (except those applying for diplomatic visas) will have their fingerprints scanned at the time of the interview.
The U.S. Embassy in Jakarta and the U.S. Consulate General in Surabaya require the use of the Electronic Visa Application Form (EVAF). The EVAF is a simple, online Internet application that allows visa applicants to access, download, and fill out their visa applications on the Internet. The use of the EVAF will result in shorter lines and waiting times since visa clerks will no longer need to manually enter visa application information. Handwritten applications or those typed using a typewriter can not be accepted.
At the visa interview, the applicant must present the following:
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A fully completed, signed DS-156 Electronic Visa Application Form for each applicant (including one for every child);
- A completed DS-157 if the applicant is a male between 16 and 45 years of age;
- A current passport valid for at least six months (note: If more than one person is included in the passport, each person desiring a visa must make a separate application);
- Any previous passports;
- $131 application fee, payable in Rupiah for each person (including children);
- A passport-type photograph (see photo requirements );
- Original Form I-797 Notice of Approval. At the visa interview, applicants for an H2B visa must also prove that they are applying for a job that is temporary in nature and that they have experience necessary for the position. They may be asked to present educational documents, job letters, or other proof that they have the necessary experience in the field in which they want to work;
- Any documentation that might demonstrate the applicants’ personal situation in Indonesia and their incentive to return to Indonesia after a brief stay in the United States. In the past, some applicants have found the following to be useful: a reference letter from your employer verifying applicant’s job, length of time in the job, and salary, a receipt(s) for payment of applicant’s salary, a bank account statement showing recent activity in the applicant’s bank account, applicant’s business card, permission from the Department of Trade to operate the business, applicant’s most recent tax payment receipt, an applicant’s company’s charter document, marriage certificates, birth certificates, the applicant’s Kartu Keluarga, and a certificate of land ownership. Please note that just bringing these documents will not guarantee the issuance of a visa;
- For applicants who have previously been in the U.S. as H-2/B workers, W-2 forms showing income received from US employers.
Please note that the $131 application fee applies to all US Visa applicants worldwide and covers the expense of conducting the interview and processing the application. The application fee cannot be returned, even if the visa is denied or no application is ever filed.
The visa application will normally be adjudicated at the conclusion of the interview. Certain applicants may be required to present additional information, or to await further processing, before their applications can be finally decided. Thus, all applicants are encouraged to apply as far in advance as possible before their intended departure, so that enough time is allowed to resolve any procedural problems, should any arise. The Embassy does not recommend anyone purchase nonrefundable tickets until a visa is issued.
FAMILY MEMBERS
Spouses and unmarried minor children of H-2/B applicants may apply for derivative H-4 visas to accompany or follow the principal H-2/B visa holder. Each family member must meet all other visa eligibility requirements, including evidence that they will have sufficient funds for their support, and that they will depart the U.S. when the principal applicant's approved work period ends. Spouses and children of H-2/B visa holders may not accept employment at any time. School-age minor children may attend public schools on H-4 status, and are required to attend school if residing in the United States.
VISA ISSUANCE
After the visa has been authorized, applicants are generally told to return two or three days later to pick up their passports with valid visas. Applicants who need their visas sooner than what the Consular Officer states should consult with the Consular Officer at the time of the interview. The Consular Officer will attempt to expedite issuance; however, due to the nature of the nonimmigrant visa issuance process, it is not possible to issue a visa in 24 hours or less.
VISA PICK-UP INFORMATION
The applicant or a representative may return to pick up the passport with visa at the appointed time. If the applicant sends a representative, the representative must bring with him/her the pickup ticket and know the name of the applicants whose passport s/he is acquiring.
Applicants whose visas required additional administrative processing and whose visas are ready for processing will be contacted by consular staff at the number provided on the application
For those subject to additional processing, please see the NSEERS page for further advice on entering and exiting the United States.
To inquire about the status of a visa application, please write to jakconsul@state.gov or call 3435-9223 between 9:00 and 11:00 WIB.
THE VISA
All those who receive a U.S. visa should check the accuracy of all the data on the visa, including name, date of birth, passport number, gender, and photo. Advise Consular Section personnel of any errors before leaving the Embassy.
VISA VALIDITY
The maximum validity for of H-2/B visas for Indonesian citizens is 12 months or the date of expiry of the petition. H-2/B visas are annotated to note the name of the U.S. Employer. The expiration date of the visa notes the last day you may use the visa to apply to enter the United States. The expiration date is not the last day you are allowed to remain in the U.S. Every time you plan to travel to the U.S, remember to assure your passport is valid for at least six months from the time you plan to depart the U.S. However, you may travel with two passports -- one expired passport with a valid visa and a new passport.
INTERVIEW AT PORT OF ENTRY
A valid visa does not guarantee you will be allowed to entry the United States. A U.S. immigration officer who will interview you when you arrive in the U.S. will determine if you are eligible to enter the U.S. and for how long. In the event the immigration officer finds you ineligible, you will not be allowed to enter and will be depart the United States immediately. When you enter the U.S., the immigration officer will take your picture with an electronic camera and scan your fingerprints again.
DURATION OF STAY IN THE U.S.
The immigration at the U.S. port of entry (where you arrive in the U.S.) will usually note the period of time you are allowed to remain in the U.S. You are expected to leave before the period stamped at entry expires unless you request an extension of stay from the Department of Homeland Security (DHS). H-2/B visa holders must return to their place of foreign residence after a maximum three years temporary employment in the U.S.
NOTE: Travelers who overstay in the United States will have difficulty in returning to the U.S. in the future and in obtaining a new visa.
We hope you enjoy your trip to the United States.
Still confused? Please check out our most frequently asked questions page. Or, for more information, please contact one of our visa assistants by phone at + 62 (21) 3435-9050 (between 13:00 and 15:30 WIB only), by e-mail at jakh2b@state.gov or by fax at + 62 (21)385-7189.
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