Visas
H-2A
Visa.
Program enables U.S. agricultural employers to hire foreign nationals for temporary or seasonal agricultural work when there are insufficient domestic workers available. This program is essential for sectors like planting, cultivating, and harvesting.
Eligibility Criteria
To qualify for the H-2A program, employers must:
Job Nature
Offer work that is temporary or seasonal.
Recruitment Efforts
Demonstrate that there aren’t enough U.S. workers who are able, willing, qualified, and available for the job.
Wage Assurance
Ensure that hiring H-2A workers won’t negatively impact the wages and working conditions of similarly employed U.S. workers.
Application Process
1
Temporary Labor Certification
Employers must first obtain a temporary labor certification from the U.S. Department of Labor (DOL).
2
Form I-129 Submission
After receiving the certification, employers file Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). 
3
Worker Visa Application
Prospective workers apply for the H-2A visa at a U.S. Embassy or Consulate in their home country. 
The H-2A program includes several worker protections:
Worker Protections
-
Wages: Workers must be paid the highest of the applicable Adverse Effect Wage Rate (AEWR), federal or state minimum wage, or prevailing wage rate. 
-
Housing: Employers are required to provide free housing that meets safety standards for workers who cannot return to their residence daily. 
-
Transportation: Employers must provide transportation between the housing and worksite and, in certain situations, cover inbound and outbound transportation costs. 
Program Updates
As of April 29, 2024, the DOL published the “Improving Protections for Workers in Temporary Agricultural Employment in the United States” final rule, effective June 28, 2024.
This rule enhances worker protections, including:
-
Empowering workers to advocate for better working conditions.
-
Improving employer accountability.
-
Requiring seat belts in most vehicles used to transport workers.
For detailed information on the H-2A program, including application forms and guidance, visit the USCIS website. 
H-2B
Visa .
Is a temporary, non-immigrant visa that allows U.S. employers to bring foreign workers to the United States for non-agricultural jobs. These positions are typically seasonal or temporary in nature.
The H-2B visa is often used in industries such as hospitality, construction, landscaping, and tourism.
Temporary Work
-
Jobs must be for a limited period (e.g., one-time, seasonal, peak load, or intermittent need).
-
Employers must demonstrate that U.S. workers are not available for the position.
Duration
-
Initially granted for up to 1 year.
-
Extensions are allowed, but the total stay cannot exceed 3 years.
Cap on Visas
There is an annual cap of 66,000 H-2B visas:
-
33,000 for jobs starting in the first half of the fiscal year (October–March).
-
33,000 for jobs starting in the second half of the fiscal year (April–September).
-
Some workers, like those from certain countries or in specific industries, may be exempt from this chapter.
Eligibility for Workers
-
Workers must be from countries designated as eligible for the H-2B program by the U.S. Department of Homeland Security.
-
Workers must meet the job qualifications specified by the employer.
Employer Requirements
-
Employers must file a petition with the U.S. Citizenship and Immigration Services (USCIS).
-
A temporary labor certification must be obtained from the U.S. Department of Labor, proving there are insufficient U.S. workers available.
Dependents
-
Dependents (spouse and unmarried children under 21) can accompany the visa holder under the H-4 visa but are not allowed to work.
Pathway to Permanent Residency
-
The H-2B visa does not directly lead to a green card, as it is a temporary visa. However, workers may apply for other immigration options if eligible.