Frontera Labor

H-2B Visas for Businesses and Private Households

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H-2B Visas for Family Employers

We know families face unique pressures

H-2B Visa Services for Family Employers

Welcome to Frontera Labor, where we specialize in assisting family employers navigate the complexities of the H-2B visa process for nannies and caregivers. Whether you’re seeking to hire a full-time nanny or a dedicated caregiver to support your family’s unique needs or facing challenges with a Department of Labor (DOL) Notice of Deficiency (NOD), our expertise can help you achieve a successful outcome.

Why Choose Frontera Labor?

Proven Success in H-2B Appeals: With a track record of winning pivotal appeals such as MysticAngels and HelpingHands II, I bring unparalleled expertise to your H-2B visa applications and appeals. These victories demonstrate our ability to leverage key case law to overcome even the most challenging deficiencies.

Comprehensive Support: From the initial consultation to post-arrival support, we provide end-to-end legal assistance tailored to the specific needs of family employers. Our goal is to ensure a seamless and stress-free process, allowing you to focus on what matters most—your family.

Personalized Service: Understanding that each family’s situation is unique, we offer personalized strategies that address your specific circumstances and requirements. Our hands-on approach ensures that your application is meticulously prepared and presented for maximum success.

Our H-2B Visa Services for Family Employers

1. Pre-Filing Consultation

  • Needs Assessment: We begin with a detailed consultation to evaluate your family’s specific childcare or caregiving needs and determine eligibility for the H-2B program.
  • Timeline Planning: We help you align your recruitment and visa application process with Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) deadlines to ensure timely approvals.

2. Prevailing Wage Determination (PWD)

  • Request Submission: We handle the filing of a Prevailing Wage Determination (PWD) request with the DOL to establish the minimum wage rate that must be paid to H-2B workers in your area.
  • Compliance Assurance: Ensuring that wage rates meet both federal and state requirements to avoid delays or denials in the process.
  • Timeline Tracking: Keeping you informed of updates and providing strategic guidance based on wage determinations that may affect your recruitment efforts.

3. Recruitment of U.S. Workers

  • Job Order Posting: Assisting in filing a job order with your state workforce agency (SWA) to advertise your job openings to U.S. workers.
  • Advertising Campaigns: Creating compliant print and online ads to meet DOL requirements, including placement in designated local and national outlets.
  • Candidate Screening: Helping screen applicants to confirm their eligibility and availability, ensuring all recruitment obligations are fulfilled.

4. Temporary Labor Certification (TLC)

  • Preparation and Filing: Preparing and submitting the Application for Temporary Employment Certification (Form ETA-9142B) to the DOL, including detailed job descriptions and documentation of recruitment efforts.
  • Audit Readiness: Meticulously organizing supporting documents to prepare for potential DOL audits.
  • Response Management: Should the DOL issue a Notice of Deficiency (NOD), we respond promptly with additional evidence or corrections to strengthen your case.

5. USCIS Visa Filing

  • Petition Preparation: Once the DOL certifies your application, we prepare and file the Petition for Nonimmigrant Worker (Form I-129) with USCIS.
  • Supporting Documentation: Compiling and submitting all required documentation, including the approved labor certification, employer attestations, and proof of eligibility.
  • Premium Processing: For time-sensitive cases, offering premium processing to expedite USCIS adjudication.

6. Worker Recruitment and Consular Processing

  • Global Sourcing: Connecting you with top-tier talent from around the world, particularly skilled nannies and caregivers who meet your family’s needs.
  • Consular Interviews: Assisting your selected workers in preparing for visa interviews at U.S. embassies or consulates, ensuring a smooth process.
  • Travel Coordination: Arranging workers’ travel to the United States, including visa issuance and entry compliance.

7. Post-Arrival Support

  • Compliance Training: Providing resources to help you understand your obligations under the H-2B program, including wage payment, housing standards, and safety regulations.
  • Renewal and Extensions: Handling the process for renewals or extensions if your seasonal needs extend beyond the initial visa period.
  • Audit Defense: In the event of a DOL or USCIS audit, offering legal representation and defense to protect your family’s interests.

Highlighting Success: Overcoming NODs with Strategic Legal Advocacy

Facing a Notice of Deficiency (NOD) from the DOL can be daunting, but with the right legal strategy, it’s possible to overcome these challenges. Our recent victories in the MysticAngels and HelpingHands II cases demonstrate our ability to effectively use case law to defend and secure H-2B certifications for family employers.

MysticAngels, LLC (2023-TLN-00122)

In the MysticAngels case, we successfully argued that prior part-time employment in a related role does not disqualify an employer from obtaining certification for a one-time occurrence need if the new position involves full-time work with expanded duties. This precedent was instrumental in securing a favorable outcome for our client, Jane Doe, who sought to transition from a part-time au pair to a full-time nanny.

HelpingHands II (2024-TLN-00066)

The HelpingHands II decision further reinforced that the prior or current employment of a part-time worker to perform the same service or labor needed on a full-time basis is not a bar to establishing a one-time occurrence need. This case provided additional support in defending against the NOD issued for Jane Doe’s H-2B application, ensuring the approval of her full-time nanny position.

Get Started Today

Partner with Frontera Labor to meet your family’s workforce needs through the H-2B visa program. Whether you’re looking to hire a full-time nanny or a dedicated caregiver, we are here to help you navigate the complexities of temporary labor solutions so you can focus on what matters most—your family’s well-being.