Two classifications exist for workers to enter the United States for temporary employment, H-2A and H-2B visas. These visas must be requested by the employer and require a valid certification from the U.S. Department of Labor that the employer attempted and failed to find an appropriately qualified U.S. worker for each position. H-2A and H-2B visas are generally limited to citizens of certain countries, but exceptions to this requirement can be made in limited situations.
H-2A Agricultural Worker Visas
H-2A Visas are available to workers coming to the United States to work temporarily in agricultural jobs such as planting or harvesting. These visas have unlimited availability but must be used for temporary, seasonal employment. In addition to the advertising and filing requirements, H-2A employers must provide transportation, lodging, and meals for the workers during their employment.
H-2B Non-agricultural Worker Visas
H-2B Visas are available to workers who seek to enter the United States or seasonal, intermittent, or otherwise temporary employment. Permanent employment must be sought through the permanent residence process instead. H-2B classifications are often sought for hotel and resort workers, construction workers, and landscapers, but are available in any industry other than agricultural. While employers need not provide lodging and meals, they must pay a wage set by U.S. Department of Labor statistics. 33,000 H-2B visas are available every six months and competition for these visas is significant. Generally it is advisable to begin working on the case at least six months in advance.
Greenberg Visa Law files labor certifications and visa petitions for both H-2A and H-2B classifications and possesses necessary expertise to get difficult cases approved. Contact us now for a review of your company’s immigration needs.