Types of Non-Immigrant Visas

Temporary Worker Visas

ATTENTION - UPDATE FEBRUARY 4, 2008: We are currently working to streamline and upgrade the processing of petitions for temporary worker visas.

The H2A and H2B visa classifications apply to temporary agricultural (A classification) or nonagricultural (B classification) seasonal workers. U.S. companies wishing to bring Guatemalan citizens to the U.S. on H2A or H2B visas to perform seasonal work should be aware of the following procedures and guidelines in effect at the U.S. Embassy in Guatemala City:

U.S. Company Submits Form I-129 to the Department of Homeland Security

U.S. companies must file Form I-129, Petition for Nonimmigrant Worker, with United States Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS).  Once USCIS approves the petition, USCIS sends a notice of approval, Form I-797, to the company or its designated agent.

How the U.S. Embassy in Guatemala Processes H2A and H2B Petitions

There are three steps that must be completed before the Embassy will authorize visa interview appointments for temporary workers.

1. The Embassy verifies the approval of the I-129 Petition for the U.S. company which will employ the workers;
2. The U.S. company which will employ the workers provides the Embassy with up to date contact information via email (see below for details);
3. For new petitioners, the Embassy conducts internal administrative processing based on the information it has obtained from the Form I-129 petition and the company contact information. To the extent possible, the Consular Section conducts the administrative processing in the order in which the approved petitions are received at the Embassy.

Once all three steps have been completed, the Embassy will inform the Call Center that the U.S. Petitioning Company may proceed with making visa interview appointments for its prospective Guatemalan workers. The Call Center then sends an information packet to the U.S. Petitioning Company via email. This email serves as notice to the US Company that it can schedule visa interview appointments for its prospective temporary workers.

How the U.S. Company Schedules Visa Interview Appointments

Once the U.S. Petitioning Company has received an email from the Call Center, the U.S. Company must contact the CSC Teletch Call Center at 1-866-730-2088 to schedule visa interview appointments. During this call the Call Center will (1) verify the company contact information, and (2) ask the company to provide via email, fax, or phone the finalized list of names of prospective workers who will attend the visa interviews.

SUBSTITUTIONS: Only the U.S. Petitioning Company may request visa interview appointments for substitute workers, as long as the total number of appointments does not exceed the number approved on the original I-129 petition. The Embassy will interview substitute workers only when the U.S. Petitioning Company has sent an email to H2BGuate@state.gov authorizing the named substitutions at least three business days before the visa interview appointments. The U.S. Petitioning Company must provide the names (exactly as they appear on the applicant’s passport), gender and date of birth of both the new substitute worker and the worker the substitute is replacing. Likewise, the U.S. Petitioning Company must provide the Embassy with the names of prospective workers when no names are specifically cited on the approved I-129 petition.

Visa Application Forms for Prospective Workers

In addition to bringing with them a valid passport, photo, visa fee receipt, prospective workers are required to complete all questions and sign the visa application form DS-156. The DS-156 can be accessed through one of the following links:

 

Instructions in English:	http://evisaforms.state.gov
Application form (DS-156) in English:	https://evisaforms.state.gov/ds156.asp?lang=1
Instrucciones en español:	http://evisaforms.state.gov/instructions_Spanish.asp
Formulario DS-156 en español:	https://evisaforms.state.gov/ds156.asp?lang=3

In addition, all male applicants between the age of 16 and 45 years must also complete the DS-157 form:   http://www.state.gov/documents/organization/79964.pdf

Photo requirements: The applicant must attach a recent color or black and white photo (2" in height by 2" in width, face 50% of photo, white background, ears and forehead uncovered, without earrings or hat).

 

Some of the items listed above are in (PDF) format and require Adobe Acrobat Reader to be viewed. If you do not have Adobe Acrobat Reader installed on your computer, you must download the version that is suitable for your system from the Adobe website.

Get Adobe Reader

 

 

Compliance With Immigration And Nationality Act

The approval of an I-129 petition and a scheduled visa interview appointment date do not guarantee visa issuance. Every prospective worker has to qualify under Section 214(b) and other relevant sections of the Immigration and Nationality Act (INA). INA Section 214(b) states that all applicants are assumed to be intending immigrants until they can prove otherwise during their interview with a U.S. Consular Officer. In making a decision on an applicant’s eligibility for a visa, Consular Officers can and do consider such factors as previous work experience, the proper use of any prior visas, economic and family ties to Guatemala including the applicant’s financial debt burden, and the extent to which previous H2 workers employed by the petitioner have returned to Guatemala following successful completion of the work contract.

Fraud Prevention Management

U.S. Petitioning Companies should always inform the DHS Bureau of Immigration and Customs Enforcement (ICE) of any workers who do not return to Guatemala or who leave your employment without notice. Contact information for ICE offices can be found at:

http://www.ice.gov/about/contact.htm

U.S. Petitioning Companies should contact the Embassy via email at H2BGuate@State.gov with any known instances of applicant or agent fraud.

Company Contact Information

U.S. Petitioning Companies must send to the Embassy all of the following information before the Embassy will schedule visa interview appointments for the prospective workers. U.S. Petitioning Companies must send the information requested below via email to:  H2BGuate@State.gov

1. Today’s date
2. Company name
3. Name of company owner or manager (also indicate if name is of owner or manager)
4. If person named in 3 is a U.S. Citizen
5. If person named in 3 is a Legal Permanent Resident of the U.S.
6. Permanent company email
7. Permanent company telephone number
8. Permanent company fax number
9. Physical (street) address of company’s central office
10. Date the company was founded
11. List countries where company has processed H2B visas in the past
12. Name of local representative for your previously processed visas (also specify country if other than Guatemala)
13. Name of current designated agent/s or representative/s in Guatemala
14. Physical address of current designated agent/s or representative/s in Guatemala
15. Email address of current designated agent/s or representative/s in Guatemala
16. Telephone number of current designated agent/s or representative/s in Guatemala
17. Fax number of current designated agent/s or representative/s in Guatemala

Last Updated: July 30, 2007