Once the USCIS petition is approved and workers have obtained their H-2B visas at a U.S. consulate abroad, they may enter the United States beginning thirty days before their authorized employment start date. The hotel employer must ensure that workers begin employment no later than the start date listed in the petition, since H-2B workers are authorized for a specific employer and cannot work for anyone else. If a worker does not arrive or is unable to travel, the employer cannot simply substitute another worker without filing a petition amendment or a new petition, depending on the circumstances.
At the end of the authorized employment period, H-2B workers are expected to depart the United States unless they have obtained an extension or changed to a different immigration status. Employers are not legally required to pay for the workers' return transportation in all cases, but the DOL certification terms may impose that obligation depending on the representations made in the application. Brodzki Jacobs advises Boca Raton hotel employers on their obligations regarding worker departures and on how to handle situations where a worker overstays their authorized period, which can affect the employer's ability to use the H-2B program in future seasons.
