H2A & H2B VISA

We are devoted to helping you determine if a temporary worker program is right for your business and, if so, we work diligently to ensure your applications are submitted in an accurate and timely manner. Both the H-2A and H-2B non-immigrant temporary work visa programs allow you to hire foreign workers to perform temporary services, in most instances, for up to ten months per year if certain criteria are met

H-2A VISA

H-2A Visa requirements

• Must be an agricultural employer who anticipates a shortage of U.S workers needed to perform agricultural labor or services of a temporary or seasonal nature.
• The job opportunity must be both full time and temporary – generally based on the specific crop or livestock care guidelines.
• There must not be sufficient U.S. workers who are willing and capable of performing the temporary services.
• Hiring foreign workers must not negatively affect the wages and/or working conditions of similarly employed U.S. workers.
• Employer must:
– Have a physical location in the U.S. and a means by which it may be contacted for employment
– Have the ability to hire, pay, fire, supervise or otherwise control the work of employees.
– Possess a valid Federal Employer Identification Number (FEIN).
• Employer must provide housing in accordance with regulations.
• Employer must provide workers compensation insurance or equivalent

Steps to becoming an H-2A employer - Step by step process

Special consideration on recruitment includes: continued cooperation with the SWA by accepting referrals of eligible U.S. workers until 50% of the period of the work contract has passed. Recruitment logs and reports must be kept through that time period.

A supplemental recruitment summary must be submitted to US DOL through-out the entire requirement period (50% rule above).

Please see Electronic Code of Federal Regulations for clarification on employer Obligations and Assurances (20CFR655.135) CLICK HERE

Part-time employment does not qualify for H-2A. A job opportunity is considered temporary if the employer’s need for the duties to be performed is temporary, whether or not the underlying job is permanent or temporary.

U.S. Department of Labor – H-2A Labor Certification Overview CLICK HERE

H-2B VISA

H-2B Visa requirements

• Must be a non-agricultural employer who anticipates a shortage of U.S workers needed to perform non-agricultural labor or services of a temporary or seasonal nature.
• The job opportunity must be both full time and temporary.
• There must not be sufficient U.S. workers who are willing and capable of performing the temporary services.
• Hiring foreign workers must not negatively affect the wages and/or working conditions of similarly employed U.S. workers.
• Employer must:
-Have a physical location in the U.S. and a means by which it may be contacted for employment.
-Have the ability to hire, pay, fire, supervise or otherwise control the work of employees.
-Possess a valid Federal Employer Identification Number (FEIN).

Steps to becoming an H-2B employer - Step by step process

Special consideration on recruitment includes: continued cooperation with the SWA by accepting referrals of eligible U.S. workers until the 20th day prior to the scheduled start date of work. Recruitment logs and reports must be kept through that time period.

A supplemental recruitment summary must be completed, signed and dated by the Employer, and be made available to USDOL upon request.
Please see Electronic Code of Federal Regulations for clarification on employer Obligations and Assurances (20CFR655.20) CLICK HERE