Nonimmigrant Visa for Agricultural and Other Seasonal Occupations
The H-2A visa gives agricultural employers the ability to bring in foreign workers, generally to address shortages of farm workers during seasonal harvest periods. The H-2B also addresses the problem of worker shortages, but applies only to nonagricultural industries requiring foreign worker help. Foreign workers with both H-2A and H-2B visas fall under the category of nonimmigrant workers.
In order to qualify to bring in seasonal foreign workers, the employer must provide proof that there is a shortage of available workers, as well as that the introduction of foreign workers will not adversely affect wages and working conditions of U.S. workers in the same occupation.
If you need help understanding how to obtain an H-2A or H-2B visa, or renewing an expiring visa you currently possess, an immigration lawyer can provide more information and advice from a legal perspective.
H-2A Visa versus H-2B Visa
The only difference between an H-2A visa and an H-2B visa is the nature of the industry. An H-2A visa applies to farm workers hired for seasonal work in the agricultural industry, while an H-2B visa applies to any nonagricultural worker. H-2Bs cover many types of temporary workers in all sorts of industries, and may be used for entertainers, film workers and professional minor league athletes.
How does one get an H-2A or H-2B visa?
Obtaining an H-2A or H-2B visa is largely dependent on the employer, who must complete a rigorous application process. In addition to proving that bringing in foreign workers is necessary due to a shortage, the employer must make certain provisions for food, housing, transportation and tools for workers on such visas. Additionally, the employer must guarantee that the worker will be put to work for at least three-fourths of the working days during the period for which the permit is valid, or pay the worker the equivalent of that amount in wages.
Though there is no restriction on H-2A visas granted per year, the Secretary of Labor grants a maximum of 66,000 H-2B visas.
Visa Application process
Visa Application and Interview
To apply for a temporary work visa, including the H-2A or H-2B visa, you must apply at any American Embassy or American Consulate. In addition to the visa application itself, you must complete an interview (for persons 14-79 years old) after the application is approved. You will also have to provide a valid passport, proof of payment of fees, and documentation of employment from your employer.
Sometimes, additional documentation is required. For example, all male applicants between 16-45 and those coming from North Korea, Cuba, Syria, Sudan, and Iran, will be required to complete a Supplement Nonimmigrant Visa Application, Form DS-157.
Visa Application Fees
On January 1, 2008, the Department of State raised the fees for visa services. The current application fee for a visa is $131, and all nonimmigrant workers must also obtain a "border crossing card" good for ten years, also $131.
Entering the United States
At the port of entry, the DHS Customs and Border Protection officials will meet with you to permit or deny entry into the United States. With your seasonal worker H-2A visa, you are limited to a set period of time that cannot exceed one year. At the port of entry, you must show proof that you intend to return to your home country after your visa expires.
Can I Bring Family Members into the Country with an H1B Visa?
Yes. Your spouse and unmarried, minor children may be classified under nonimmigrant H-4 status to accompany you. However, anyone who receives a visa as spouse or child of a temporary worker may not accept employment in the United States; you as the main applicant must show that you are able to support your entire family throughout your stay.
Can I Receive a Time Extension to Stay Longer on an H-1B Visa?
Yes, an extension may be granted to your employer after the maximum period of one year. Two extensions of up to one year each may be granted, but in each case your employer must provide justified reasons for extending the visa and proving the labor shortages and sufficient provision of the conditions mentioned above.
Speak to an Immigration Lawyer for More Information about the H-1B Visa!
Whether you're applying for an H-2A visa, H-2B visa or seeking information about another type of visa, an immigration lawyer can offer advice on each step of the visa process.
If you'd like to speak with an immigration lawyer, simply call us at (877) 444-1074 or fill out our Immigration Case Evaluation Form.