Example Job Offer Letter:
Fly Creek Cider Mill & Orchard, Inc. is pleased to offer employment for temporary seasonal Snack Barn Workers for the 2022 season. The employment will start as soon as you are authorized to begin employment and arrive at our location and will end on or about 10/31/2022. $13.50/hr ($20.25/hr O.T.) from 4/01/2022 to 10/31/2022. Duties include Take orders, prepare and cook foods requiring short preparation time, serve food and beverages, prepare bill and collect payment from customer; clean work area and food preparation equipment, prepare beverages, serve meals to patrons over counter. Ability to lift 40 lbs req. The days and hours of work will vary depending on scheduling, but will generally be 5 days per week with rotating days off. 9 am to 9 pm. Hours per week will vary with business levels but will generally be 40 hours per week with some occasional overtime. The business is open 7 days per week and weekend work will be required
You will be paid $13.50 ($20.25/hr O.T.). The specific days and hours of work will vary depending on scheduling and the level of business. We are open 7 days per week. 5 days per week with rotating days off. 9 am to 9 pm. Hours per week will vary with business levels but will generally be 40 hours per week with some occasional overtime. The business is open 7 days per week and weekend work will be required.
We require all employees to be vaccinated and boosted against COVID-19. This vaccination and/or boost will come at no cost to you and will be administered from an approved provider with whichever vaccination or boost is available at the time.
If you wish, we can provide shared housing units for rent at a cost to you of $35.00 per week plus utilities with a $100 security/utilities/damage/cleaning deposit. Use of this housing is not a condition of employment and is voluntary on your part.
DOCUMENTS NEEDED FOR EXTENSION APPROVAL:
Information and Documents Required from In-Country/Transfer H-2B Workers
Since anyone who is seeking a transfer visa will by definition already have been admitted to the United States on an H-2B visa, they will have all this information and these documents.
Important - the copies of these documents must be legible as we need to copy various numbers and data off of them. If you are obtaining these documents directly from the workers, they often will photograph them using their cell phones which often results in illegible copies. Since we will be filing as a group, any missing or illegible documents from a single applicant will hold up the entire petition for everybody.
Information Required
• Full name (First, Middle and Last)
• Date of Birth
• Sex
• Country of Birth
• Country of Citizenship
• US Social Security number (if they are working in the US they will have one)
• Current Address in U.S.
• Home address in home country
• Dates of Prior Stay in H-2B Status (Entry Date and Expiration Date) (travel history can be obtained at https://i94.cbp.dhs.gov/I94/#/home and a print out of the search results is sufficient)
• Has the person ever held J-1 status? If so, provide the dates the beneficiary maintained status as a J-1 exchange visitor or J-2 dependent. Also, provide evidence of this status by attaching a copy of either a DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status, a Form IAP-66, or a copy of the passport that includes the J visa stamp.
Documents Required for Each Transfer Employee
- Copy of:
- Most Recent I-94 Form and;
- their travel history (both are obtained at https://i94.cbp.dhs.gov/I94/#/home – simply print your search results).
- Copy of Passport Page Showing Passport Number, Expiration Date, etc. (i.e. the page with their picture on it).
- Copy of Current Visa
- Copies of any other H-2B Visas they have held in the past six years
- Copy of their last two paychecks from their current employer (These need to be as close as possible to the date we file the visa petition (i.e. within 3-4 weeks should work) so they cannot be gathered early)
- • Copy of I-797 Approval Notice from most recent visa.
Transfer Eligibility
There are two primary issues that can affect an individual’s eligibility for a transfer visa.
3 Year Stay issue
• H-2Bs can only stay in the United states for three continuous years then they have to go home for 90 days to recharge their eligibility.
• It is not uncommon to find transfers who have or will soon hit this limit. You need to be aware of each potential transfer’s status to evaluate if they even eligible or are suitable for you.
• If a potential H-2B transfer will hit three years of continuous stay at any time during your period of employment, that will be their end date. (e.g. if they hit 3 years on July 27, they can’t get another H-2B that goes beyond July 27).
• There is a complicated set of rules as to when, and when not, absences of less than 90 days can be used to extend the three year end date. Contact me to review any such situations individually.
• Everyone on the same petition has to have the same end date. So if you have somebody that has shortened eligibility and you still want to go forward with them, that will require a completely separate visa petition and a separate filing fee unless you want all your transfers on that petition to share the same shortened end date.
Current Visa
• In order to be eligible for a transfer, the individual must currently be in status (i.e. still employed) and the end date of their current visa must overlap with your requested start date.
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