H-2 Visa | H-2 Temporary or Seasonal Work Visa
The H-2 Visa allows employers to bring temporary workers to the United States to fill a job opening for a specified time period up to one continuous year. The employment must be a one-time need-based opening due to a labor shortage in the United States, or be fulfilling a temporary or cyclical need. In order to obtain H-2 Visa, the employer must obtain a Temporary Labor Certificate from the United States Department of Labor asserting that no American workers will be displaced by the hiring of foreign nationals, and that the foreign national will be paid the prevailing wage for American workers in the same position. Once the employer has obtained the Temporary Labor Certificate, a petition must be filed with United States Citizenship and Immigration Services verifying that the position is temporary.
The H-2 Visa process varies depending on whether the foreign worker is an agricultural or non-agricultural worker. H-2A Visa is for agricultural workers while H-2B Visa is for non-agricultural workers. The number of visas available under H-2 Temporary of Seasonal Work Visa category is limited. The process is very tasking for even experienced immigration attorneys. With high demand for visas under this category, employers, as well as foreign nationals must plan in advance to be able to receive visas under this category. Also, there are restrictions on eligible countries for the H-2 Visa. Nationals of eligible countries upon arrival, may change their status in the United States under certain conditions. Contact our firm to discuss the necessary requirements to obtain temporary worker authorization through the H-2 Visa program.