Step one: Temporary Labor certification

The process for getting an extension of the temporary labor certification is identi­cal in every respect with the one used to obtain the original temporary labor certi­fication. See Section D, above.

1. Step Two: Extension Petition

Extension procedures are nearly identical to the procedures followed in getting the initial visa petition approval. Fully docu­ment your application so that your case is not delayed if USCIS cannot locate your previous file. Submit the new Tempo­rary Labor Certification and the Notice of Action indicating the approval that your employer received on the original petition. All your personal U. S. income tax returns and W-2 forms for the time period you have already been working in the U. S. on an H-2B visa are required as well. once USCIS has these documents, it will notify the employer if any further data are needed.

Watch out for Summary

Working While Your Extension
Petition Is Pending

The law empowers a Customs and Border Protection (CBP) inspector at the U. S. airport or border to summarily (without allowing judicial review) bar entry to someone requesting admission to the U. S. if either of the following are true:

• The inspector thinks you are lying about practically anything connected with entering the U. S., including your purpose

in coming, intent to return, and prior immigration history. This includes the use or suspected use of false documents.

• You do not have the proper doc­umentation to support your entry to the U. S. in the category you are requesting.

If the inspector excludes you, you cannot be readmitted to the U. S. for five years, unless USCIS grants a special waiver. For this reason it is extremely important to understand the terms of your requested status, and to not make any misrepresentations.

If you are found to be inadmissible, you may ask the CBP inspector to withdraw your application to enter the U. S. in order to prevent having the five-year deportation order on your record. The CBP may allow this in some exceptional cases.

If you file your petition for an extension of H-2B status before your authorized stay expires, you are automatically permitted to continue working for up to 240 days while you are waiting for a decision. If, however, your authorized stay expires after you have filed for an extension but before you receive an approval, and more than 240 days go by without getting a decision on your extension petition, your work authorization ceases and you must stop working.

Updated: 18th July 2015 — 3:10 pm