H-2A Seasonal or Temporary Agricultural Work Visas
- H2-A Seasonal or Temporary Agricultural Work Visas. This type of work visa is obtained by employers for individuals who will be working in the United States.
- H-2A Visa Requirements. ...
- Process for Applying for an H-2A Visa. ...
- Authorized Period of Stay. ...
- H-2A Dependents. ...
What is an H2A visa?
What is an H2A Visa? The H2A visa is a non-immigrant visa program that allows low-skill, temporary, or seasonal workers to seek employment in the U.S. The H2A visa allows U.S. employers and U.S. agents that meet specific requirements to employ foreign nationals and bring them to the U.S. to take up temporary agricultural jobs.
How long can a H-2A visa holder stay in the US?
H-2A beneficiaries may stay in the United States for up to three years. Please visit the H-2A Temporary Agricultural Workers page for more information. To qualify for H-2B nonimmigrant classification, the petitioner must establish that: There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work;
Is the H2 visa for the United States on the rise?
The growing interest in obtaining the H2 Visa from the United States and working temporarily in this North American country, has recently been demonstrated through numbers that speak for themselves: between 2016 and 2020, the United States increased the issuance of this visa, according to the United States Department of Labor (DOL).
How to qualify for an H-2B visa?
To qualify for H-2B visa, you must: Note: H-2B certification is issued to the employer, not the worker, is not transferable from one employer to another or from one worker to another. Certification is issued only for a specific job opportunity, for a specific number of workers, and for a specific employment period.
How can I get h2 visa in USA?
To qualify for an H-2B visa, your employer must meet the following requirements: The employer must have a need which is seasonal, one-time, intermittent, or peak load. The job time-frame must be for less than one year. There must be no qualified and willing U.S. workers available for the job.
What is difference between h1 and h2 visa?
H-1B visas are for the employment of skilled workforce who possess university degrees and experience in a certain domain. These applicants, if approved, are granted a period of three to six years. Whereas, H-2B visa holders are allowed for one year, with renewal for two years.
What does h2 visa mean?
The H-2B 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 nonagricultural jobs.
Who is eligible for H-2B visa?
The employer must satisfy the following conditions to import foreign workers under the H2B visa: The job and the employer's need must be one time, seasonal, peak load or intermittent. The job must be for less than one year. There must be no qualified and willing U.S. workers available for the job.
How much does an H-2B visa cost?
How Much Does an H-2B Visa Cost? As of January 2021, the USCIS processing fee for an H-2B petition is $460. If you need to apply for a US visa at an embassy or consulate abroad, the visa fee is $190. Certain other fees might apply, depending on your nationality.
Can you work on h2 visa?
The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peakload need or intermittent need.
Who hires H-2B workers?
An H-2B visa is a type of work visa that allows employers to hire temporary workers who are foreigners to fill temporary nonagricultural job positions such as Landscaping, grounds maintenance, construction, restaurant/hospitality, maintenance, golf, manufacturing, processing, and other specialty services firms.
How long can I stay in the US after my H-2B visa expires?
Also, H-2B workers are permitted to stay in the United States for up to ten days after the expiration date of the approved H-2B petition to leave the country or seek an extension or change of non-immigrant status.
How long can H-2B workers stay?
The H-2B classification allows for a maximum stay of three years. A person who has held H-2B nonimmigrant status for a total of three years must leave the United States for three months before applying for readmission as an H-2B nonimmigrant.
Can H-2B get a green card?
The H-2B visa is a nonimmigrant visa that is valid for a set period of time. It does not lead to permanent residence in the United States, but H-2B visa holders can apply for status adjustment from H2B visa to permanent resident. An H-2B visa holder may apply for a Green Card while on the H-2B visa.
What is the age limit for H-2B visa?
There is no age restriction, the program is generally open to participants between 18-45 years old.
How many H-2B visas issued 2022?
ALERT: USCIS has received enough petitions to reach the cap for the additional 23,500 H-2B temporary nonagricultural worker visas made available for returning workers only under the recently announced H-2B supplemental cap temporary final rule.
What is h1 visa USA?
The H-1B is a temporary (nonimmigrant) visa category that allows employers to petition for highly educated foreign professionals to work in “specialty occupations” that require at least a bachelor's degree or the equivalent.
Can I apply for Green Card with H-2B visa?
The H-2B visa is a nonimmigrant visa that is valid for a set period of time. It does not lead to permanent residence in the United States, but H-2B visa holders can apply for status adjustment from H2B visa to permanent resident. An H-2B visa holder may apply for a Green Card while on the H-2B visa.
How long can h2a workers stay?
3 yearsThe maximum period of stay in H-2A classification is 3 years. A person who has held H-2A nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant.
How long does it take to get a H-2B visa?
60 to 100 days#H2B Visa processing time period Visa processing usually occurs within 60 to 100 days. It is advisable that the employer files this application at least 60 days but not more than 120 days before the temporary worker is needed.
What is an H2 visa?
The H2 Visa or Temporary Work Visa for the United States is a temporary immigration permit that grants the condition to work legally in that country with an employer of United States origin.
How many steps are there to get an H2 visa?
In general, there are 3 steps and mandatory requirements to obtain any of the H2 category visas. These may be subject to modification specifically depending on the visa, country of origin of the application, the company that carries out the procedure, and your particular condition; however, the process generally consists of:
Where do I send my I-129?
2. Petition or form I-129: this petition for a Nonimmigrant Worker must be sent by your employer to the Department of Homeland Security (DHS), which determines the number of authorized workers and the validity time of the petition.
What is an H-2A?
The H-2A temporary agricultural program helps employers who anticipate a lack of available domestic workers to bring foreign workers to the U.S. to perform temporary or seasonal agricultural work including , but not limited to, planting, cultivating, or harvesting labor.
How to check status of H-2A?
Citizenship and Immigration Services. To track the status of your cases over time, sign in or sign up for a farmers.gov H-2A dashboard account through login.gov.
How long does it take to file an H-2A?
The standard filing process for hiring H-2A workers should take around 75 days and will include the following steps.
Can employers hold passports?
Employers can’t hold or confiscate workers’ passports or other immigration documents.
How to get a H2 visa in the US?
The process for obtaining a temporary work visa H2 is initiated by the employer in the United States, with a request that he cannot find the workers he needs. Once approved by the US government, the US employer will send the documents to the Honduran worker. The American company does all the paperwork in the US and the applicant only goes to ...
Can a visa be refused?
Wary of anyone offering a visa service because no one, except the Consulate, can issue or refuse a visa.
What is an H-2B?
The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States.The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peakload need or intermittent need. The H-2B program requires the employer ...
What is the wage and hour division?
The Wage and Hour Division has been delegated enforcement responsibility by the Department of Homeland Security effective January 18, 2009, to ensure H-2B workers are employed in compliance with H-2B labor certification requirements. The Wage and Hour Division may impose administrative remedies such as wage payments and civil money penalties against employers who violate certain H-2B provisions.
How long do you have to notify USCIS of H-2A?
Petitioners must notify USCIS of an H-2A worker’s payment or agreement to pay prohibited fees to a recruiter, facilitator, or similar employment service within 2 workdays of gaining knowledge of such payment or agreement.
What does "workday" mean in USCIS?
Note: USCIS defers to DOL’s definition of “workday.” According to the Fair Labor Standards Act (FLSA), this generally means the period of time on any particular day when an employee begins and ends his or her “principal activities.”
Can a H-2B spouse be a H-4?
Any H-2B worker's spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.
Can a H-2B family member work in the US?
Any H-2B worker's spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status. Employment-Related Notifications to USCIS.
Is there an exemption for H-2B in Guam?
The National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA) created an exemption for certain H-2B peti tioners on Guam and in the Commonwealth of the Northern Mariana Islands (CNMI) from the requirement to show that the need for a worker is temporary. This exemption has been extended and amended by subsequent NDAAs. Volume 2, Part I, Chapter 11 of the USCIS Policy Manual provides additional information and guidance on qualifying for the exemption.
What is an H2A visa?
The H2A visa is a non-immigrant visa program that allows low-skill, temporary, or seasonal workers to seek employment in the U .S. The H2A visa allows U.S. employers and U.S. agents that meet specific requirements to employ foreign nationals and bring them to the U.S. to take up temporary agricultural jobs. Usually, the United States Citizenship and ...
Who Qualifies for an H2A Visa?
You don’t have to meet specific eligibility criteria to qualify for the H2A visa. Typically, H2A visa beneficiaries are 18 years or older, but the minimum age requirement will depend on the type of job you are applying for and any applicable restrictions under state or labor laws.
How long does it take to get an H2A visa?
Generally, however, the whole process takes about 90 days from start to finish to complete.
What form do I need to file for a nonimmigrant visa?
The U.S. employer or agent must file a Form I-129, Petition for a Nonimmigrant Worker on your behalf. You will also need to submit a DS-160 Online Non-Immigrant Visa Application (explained below).
Can an H2A visa be granted?
It also doesn’t lead to U.S. citizenship. The H2A visa is a non-immigrant visa, so it will only be granted for a temporary period.
What is an H-2B visa?
The H-2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. temporarily and engage in non agricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence.
What is the burden of establishing that the need for H-2B workers is temporary?
The employer has the burden of establishing that the need for H-2B workers is temporary and is either a one time, seasonal, peak, or intermittent need in his/her application. Documentation might include contracts, lists of projects and timeframes, as well as narrative explanations.
