H-2A: Temporary Agricultural Workers
The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs.
H-2B (Temporary Non-Agricultural Worker Visa)
H-2B visas are for temporary, short-term workers in non-agricultural fields.
To qualify for H-2A and H-2B nonimmigrant classification, the employer must establish that its need for the prospective worker’s services is temporary. In addition, the employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work; and that the employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. To establish the latter, a valid temporary labor certification from the U.S. Department of Labor is generally required.
H-2A and H-2B visa is available for nationals of the following countries in the Federal register: Argentina, Ecuador, Jamaica, New Zealand, Solomon Islands, Australia, El Salvador, Japan, Norway, South Africa, Barbados, Estonia, Kiribati, Papua New Guinea, South Korea, Belize, Ethiopia, Latvia, Peru, Spain, Brazil, Fiji, Lithuania, Philippines, Switzerland, Bulgaria, Guatemala, Macedonia, Poland, Tonga, Canada, Haiti, Mexico, Romania, Turkey, Chile, Honduras, Moldova, Samoa, Tuvalu, Costa Rica, Hungary, Montenegro, Serbia, Ukraine, Croatia, Iceland, Nauru, Slovakia, United Kingdom, Dominican Republic, Ireland, The Netherlands, Slovenia, Uruguay, Israel, Nicaragua, Vanuatu.
H-2B visa may be available for nationals of countries not listed above if it is in United States’ interest.
The H-2B visa may be a great option when the traditional work visas like the H-1B are not found suitable. At the Law Office of Sweta Khandelwal, we have successfully filed H-2B visas for positions like elementary school teachers, head chef and sous chefs, and certain administrative positions. Contact us to see if the H-2B visa may be an option for you.