H-2 Visa – Temporary or Seasonal Work Visa | H-2A and H-2B Visas
The H-2 Visa allows employers to bring temporary workers to the United States to fill a job opening for up to one continuous year.
The job must be a one-time, need-based opening caused by not having enough workers available in the United States. It could also be fulfilling a temporary or cyclical need, like farming that only happens in certain seasons.
Temporary Labor Certificate
In order to get an H-2 Visa, the employer must submit a Temporary Labor Certificate from the United States Department of Labor. The certificate promises that no American workers will lose their jobs because non-U.S. citizens are hired.
It also promises that the non-U.S. workers will be paid that same amount that American workers would for the same job. Once the employer has the Temporary Labor Certificate, a petition must be filed with United States Citizenship and Immigration Services verifying that the position is temporary.
Application process for an H-2 Visa
The process varies based on whether the worker is agricultural or non-agricultural. The H-2A Visa is for agricultural workers while the H-2B Visa is for non-agricultural workers. The number of visas available under H-2 Temporary of Seasonal Work Visa category is limited and there are restrictions on what countries are allowed. Some workers will be able to apply to change their status once they move to the U.S.
The process is very difficult for even experienced immigration attorneys, and there is high demand for visas under this category. Employers and workers must plan in advance to be able to receive visas. We can help you file the right forms at the right time and answer any questions you have. Call us today at 813-298-7222, email us, fill our contact form, or schedule an appointment.