H-2A and H-2B visas allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. Typically, USCIS approves H-2A and H-2B petitions only for nationals of countries that the Secretary of Homeland Security has designated as eligible to participate in the programs.
How to get a H-2A visa?
H-2A Visa Application Paths
- The farmer applies for a domestic job order with the local State Workforce Agency.
- The farmer applies for a temporary labor certification with the Department of Labor's Chicago National Processing Center.
- Department of Labor's Chicago National Processing Center provides the farmer with its final determination.
How can I apply for a H2B visa?
Your H2B visa application must include the following documents:
- DOS Form DS-160, Nonimmigrant Visa Application
- A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. ...
- A color photograph showing full face without head covering against a light background. ...
- Proof that you meet the minimum job requirements stated in the labor certification application
How long is the processing for the H2B visa?
How long does it take to process a H2B visa? Currently, the H-2B Application process can take more than 6 months to complete and the process is broken up into several steps. Each step is dependent upon the successful completion of the prior step.
How to obtain a H2B visa?
- First and foremost, a valid current passport
- Secondly, passport-size photographs.
- A printout of the Form DS-160, which is an online form. ...
- Notice of approval for H2B visa or Form I-129.
- Proving evidence that you’ll be exiting the US when your H2B visa expires. ...
Who is eligible for H-2B visa?
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. Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
What is the difference between H-2A and H-2B workers?
H-2A workers perform seasonal or temporary agricultural labor. They also engage in range herding and livestock production. H-2B workers perform temporary jobs in a variety of fields including landscaping, meat and seafood processing, and construction.
How long is an H-2A visa good for?
The 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 do H-2A visas work?
Under the H-2A Visa Program, employers must guarantee workers employment hours equal to at least 75% of the workdays in the contract period. The employer will pay workers who weren't offered sufficient hours. For more information, see the U.S. Department of Labor's 3/4 Guarantee Fact Sheet .
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 can I get H-2B visa in USA?
H-2B Visa Application ProcessStep 1: Submit a labor certification application. As the employer, you're also the petitioner. ... Step 2: Submit Form I-129 to USCIS. ... Step 3: Alien workers apply for a visa at the US embassy.
How much does a H-2A visa cost?
H2A Visa Cost? The filing fee for the Form I-129 is $460. But, the filing fee and cost of the H2A visa application are generally born by your U.S. employer. The DS-160 has a $190 application fee.
Can a H-2A worker get a green card?
Does the H-2A visa lead to a “green card” (permanent residence) or US citizenship? No. The H-2A is a nonimmigrant visa issued for a limited period of time. It does not put workers on a path to permanent residence in the US or American citizenship.
Can H-2A workers bring family?
Dependents: Both H-2A and H-2B visa holders are entitled to bring in their spouse and unmarried children who are less than 21 years of age. They require H-4 visa for entry into the U.S. Employment for dependents: Dependents of the H-2A and H-2B visa holders are not entitled to work in the U.S.
What work can H-2A workers do?
The Immigration and Nationality Act (INA) authorizes the lawful admission of temporary, nonimmigrant workers (H-2A workers) to perform agricultural labor or services of a temporary or seasonal nature.
What is an H-2 visa?
The H-2 category allows U.S. employers to bring noncitizens into the U.S. on temporary agricultural (H-2A) and non-agricultural (H-2B) visas. The H-3 category allows for noncitizens coming temporarily to the United States to either receive training or to participate in a special education exchange visitor training program.
What is the eligibility for H-2A?
Eligibility for H-2A: To qualify for H-2A nonimmigrant classification, the petitioner must: Offer a job that is temporary or seasonal; Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work; Show that prospective employees are nationals of an H-2A eligible country ...
H2 A Visa (For an agricultural worker)
An employer can fulfill their seasonal or temporary requirements for agricultural labour. For this, they need to file a petition for the H2 A category for one or more foreign workers to work for a limited or specified temporary period of time. An approved petition for an H2 A work includes both of points listed below:
H2 B Visa 2019 (For a non-agricultural worker)
An employer can meet the temporary requirements for skilled and unskilled non-agricultural workers. To do that, the employer needs to file a petition for the H2 B category for one or more foreigners work for a limited period of time. An approved petition for H2 B workers must include the following:
What is an H-2A visa?
H-2A Seasonal Agricultural Workers – The H-2A visa allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs, for which U.S. workers are not available. Applicants can work temporary jobs in agriculture, construction, forestry, and many other kinds of industries.
What is an H-2B?
H-2B Temporary Non-Agricultural Workers – 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. A U.S. employer, or U.S. agent as described in the regulations, must file Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker’s behalf.
What does it mean when you are refused a visa under INA 221?
Why was I refused under INA 221 (g)? What is “administrative processing”? If an applicant is refused 221 (g), this means the consular officer did not have all the information or documents needed in order to process the application to conclusion. The applicant will receive a letter describing what is outstanding at the conclusion of the interview. Once the applicant submits the required information in a timely manner, the consular officer will resume the visa’s adjudication. The applicant does not need to reapply for the visa.
How to get a temporary H-2A?
Step 1 . Petitioner submits temporar y labor certification application to the U.S. Department of Labor (DOL). The petitioner must apply for and receive a temporary labor certification for H-2A or H-2B workers from DOL. For further information regarding the temporary labor certification application process, please refer to the Foreign Labor Certification, Department of Labor Web page.
Where can I apply for an H-2A visa?
Where can I apply for an H-2A or H-2B visa? H-2A or H-2B visa applications are only received and processed at the U.S. Embassy in Tegucigalpa.
Is there a fee for a visa?
No fee is paid to anyone who will guarantee the issuance of a visa.
Is it faster to get an H-2A or H-2B visa?
Is it faster for an H-2A or H-2B worker to obtain a visa if s/he has worked in the United States in prior years? Yes. Under current processing times, a worker may receive her/his visa sooner if s/he is eligible for a visa renewal (interview waiver). See processing times above.
What is an H-2A visa?
H-2A visas can be issued to seasonal agricultural workers to fill temporary agricultural jobs for which U.S. workers are not available. H-2B visas are issued to unskilled workers to perform a job which is temporary or seasonal in nature and for which there is a shortage of U.S. workers.
How to apply for H2 visa?
How to Apply. Step 1. Pay the visa application fee for each H2 visa applicant. Step 2. Complete the Nonimmigrant Visa Electronic Application (DS-160) form and print the confirmation page for each applicant. Step 3. Use the online appointment system clicking on New Application/Schedule Appointment to initiate processing for the group of applicants.
Key News
The Department of Labor Appropriations Act, 2016, Division H, Title I of Public Law 114-113 ("2016 DOL Appropriations Act"), provides that the Department of Labor ("Department") may not use any funds to enforce the definition of corresponding employment found in 20 CFR 655.5 or the three-fourths guarantee rule definition found in 20 CFR 655.20, or any reference thereto.
Civil Money Penalty Inflation Adjustments
Starting in 2016, agencies across the federal government must adjust their penalties for inflation each year. Below is a table that reflects the adjustments that have occurred for penalties under this statute. For more information on the penalty adjustments, go here.
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 long is an H2B visa valid?
H2b is for seasonal or temporary work and is issued for a max of 2 years, but frequently shorter. No route to employer sponsored permanent residence. The job must be temporary or seasonal. The H-2 visa cannot be issued based upon a temporary job offer for a future permanent position.
How long does it take for an H-2B to expire?
An H-2B is admitted for the validity of petition plus a maximum of 7 days prior to the validity date of the petition and up to 10 days after the expiration date.
What does an applicant have to demonstrate to the Immigration Service?
The applicant must demonstrate to the Immigration Service that he/she fulfills the requirements to perform the job
Can an H-2B be a dependent?
An H-2B must have a foreign residence and must be coming only to fill a position which is itself temporary or seasonal. Dependents are admitted as H-4. Dependents may not work but may attend school without changing status.
What is an H2B visa?
The H2B visa is designed to allow U.S. employers (or U.S. agents who meet specific regulatory requirements) to bring non-professional foreign workers to the U.S., so they can work in non-agricultural temporary jobs , such as those in the tourism and hospitality industry.
How much is the H2B visa cap?
At the current time, Congress has set the H2B visa cap at 66,000 per fiscal year (33,000 for workers who begin employment in the first half of the fiscal year, and 33,000 for workers who begin ...
How many H2B visas were increased in 2017?
In July 2017, the DHS and DOL agreed to a one-time increase of 15,000 H2B visas for the 2017 fiscal year only, and further announced on September 15 that it is no longer accepting petitions under this provision.
How long is an H1B visa valid?
The H1B visa, which is valid for three years (after which it can be renewed for an additional three years), is designated for individuals who have specialized skills that are typically earned through advanced graduate degrees obtained from qualifying institutions.
Can a foreigner be a H1B?
Foreign nationals who petition for an H1B visa must have a job offer in their area of expertise from a U.S. based employer, and the Department of Labor must confirm that the role cannot be filled by a U.S. citizen (i.e. the employer must try, and fail, to recruit locally for the position). What’s more, the employer must affirm that it will pay the foreign national the prevailing average salary, and that working conditions will be in alignment with employees who are U.S. citizens.
H-2A and H-2B Program Process
- The process for obtaining an H-2B and H-2Ais similar in three steps. That process begins with obtaining a temporary labor certification, then submitting a petition for an H2 visa and, finally, the application for a visa. Step 1: The employer/petitioner submits an application for temporary labor certification(TLC) to the U.S. Department of Labor (DO...
How Long Can An H-2 Visa Holder Stay in The United States?
- The temporary labour certification generally states the authorized stay period for workers in the H-2A and H-2B categories with the possibility to extend the period of stay. In the H-2A or H2B classification,the maximum period of stay is three years. Specifically, H-2A workers cannot work for more than a year unless there are exceptional circumstances, whereas H2B workers can wor…
H-2A and H-2B Eligibility
- H-2A Eligibility: To be eligible for H-2A nonimmigrant status, the petitioner must meet the following criteria: 1. Offer a temporary or seasonal job 2. Show that there are not enough American workers who are able, willing, qualified, and available to do the temporary work. 3. Demonstrate that prospective employees are nationals of an H-2A eligible country 4. Demonstra…
Annual Limit For H–2A and H–2B
- The Immigration and Nationality Act imposes a statutory numerical limit on the number of H-2B Visas that can be issued in a fiscal year (INA). Congress has established a yearly cap of 66,000 H2B visas. They are divided into two periods: 33,000 for workers starting in the first half of the fiscal year (October 1 – March 31) and 33,000 for workers starting in the second half of the fisc…
FAQs About H–2A and H–2B
- How Much Does an H-2A Visa Cost? The H-2A visa application fee is $460, not including the consulate fee. The visa fee is $190 if you need to apply for a U.S. visa at a U.S. embassy or consulate abroad. How Much Does an H-2B Visa Cost? The USCIS processing fee for an H-2B petition is $460 as of January 2021. The visa fee is $190 if you need to apply for a U.S. visa at a …