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H-2A / H-2B Visas – Essential Workers

H-2 workers are divided into two categories. H-2A visa category is limited to temporary workers coming to the United States on a temporary or seasonal nature to provide agricultural labor or services. On the other hand, H-2B visa category is limited to temporary workers providing other temporary work or services in the United States.

H-2 workers must come to the United States temporarily to perform temporary services or labor. Employer must demonstrate that they are not able to find U.S. worker capable to perform such services. The employer must engage in bona fide recruitment to find capable and qualified U.S. workers.

Requirements for H-2B visa category:

  • Employer must obtain temporary labor certification from the U.S. Department of Labor proving that there are no U.S. workers available for the offered position and a job offer to the foreign national will not affect the wage rate and the working conditions of workers in the United States employed at similar position.
  • Employer must demonstrate that the position offered is based on temporary nature and needed for:
    1. One time occurrence;
    2. Seasonal need;
    3. Peakload need; or
    4. Intermittent need.
  • Employer must prove that the offered position is temporary based on the nature of the employer's need.
  • Employer may petition for multiple beneficiaries, but must demonstrate that all the beneficiaries will work at the same location, under same work conditions and in the same occupation.

H-2B workers are admitted to work in the United States based on the time duration indicated on the labor certificate, but the duration of time cannot be more than one (1) year. Request for extension of status may be requested, but not more than 12 months. A maximum of three (3) years extension can be given only under extraordinary circumstances.

 

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We do not represent the Department of Homeland Security or any legal entity. All content on this site is strictly for informational purposes meant to help you make an informed decision regarding you, or your loved ones immigration to the U.S. Be sure to consult our immigration attorney for any legal advice.

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