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Home > Immigration Law > H-2A And H-2B Visa Programs For Employers

Employer Information: H-2A and H-2B Visas Nonimmigrant Program

H-2A and H-2B Visa Programs for Employers

If you are a U.S.-based employer in need of temporary or seasonal workers and the U.S. workforce does not meet your needs, the U.S. Citizenship and Immigration Services (USCIS) allows you to hire foreign nationals to help you reach your business goals through the H-2A and H-2B visa programs.

Finding enough qualified workers to keep your business running smoothly can take a great deal of work and specialized knowledge, but with the help of the Immigration Law Office of Los Angeles, P.C. you can get through the H-2A/H-2B visa process as efficiently as possible. Let an experienced immigration lawyer help you fill the available positions with your business.

Call (800) 792-9889 to discuss your best options during a free initial evaluation.

H-2A and H-2B Visa Requirements

Many industries, such as agriculture, construction, retail, hospitality, and food services often require a drastic influx of workers during certain seasons and projects, but unfortunately, not enough U.S. citizens are willing, able, or qualified to meet the needs of the job. The H-2A program allows employers in the U.S. agriculture and horticulture industries to find temporary workers, while the H-2B program applies to temporary non-agricultural workers.

To qualify for an H-2A visa, the employer must:

  • Offer a temporary or seasonal job;
  • Provide evidence that there are not enough U.S. workers available for the temporary work;
  • Demonstrate that H-2A workers will not impact the working conditions and wages of similarly employed U.S. employees; and
  • Submit an H-2A petition and a valid temporary labor certificate with the U.S. Department of Labor.

To qualify for an H-2B visa, the employer must:

  • Meet the same requirements as those for H-2A; and
  • Provide evidence that the work is considered temporary, whether as a one-time occurrence, seasonal need, intermittent need, or peakload need.

The USCIS places a cap on the number of H-2A/H-2B petitions that are available each fiscal year. Please contact the Immigration Law Office of Los Angeles, P.C. to learn more.

Countries Eligible for H-2A/H-2B Visas

As of January 18, 2015, foreign nationals from the following 68 countries may be eligible for the H-2A and H-2B visa programs:

  • Argentina
  • Australia
  • Austria
  • Barbados
  • Belize
  • Brazil
  • Bulgaria
  • Canada
  • Chile
  • Costa Rica
  • Croatia
  • Czech Republic
  • Denmark
  • Dominican Republic
  • Ecuador
  • El Salvador
  • Estonia
  • Ethiopia
  • Fiji
  • Grenada
  • Guatemala
  • Haiti
  • Honduras
  • Hungary
  • Iceland
  • Ireland
  • Israel
  • Italy
  • Jamaica
  • Japan
  • Kiribati
  • Latvia
  • Lithuania
  • Macedonia
  • Madagascar
  • Mexico
  • Moldova
  • Montenegro
  • Nauru
  • New Zealand
  • Nicaragua
  • Norway
  • Panama
  • Papua New Guinea Slovenia
  • Peru
  • Poland
  • Portugal
  • Romania
  • Samoa
  • Serbia
  • Slovakia
  • Solomon Islands
  • South Africa
  • South Korea
  • Spain
  • Sweden
  • Switzerland
  • Thailand
  • The Netherlands
  • The Philippines
  • Tonga
  • Turkey
  • Tuvalu
  • Ukraine
  • United Kingdom
  • Uruguay
  • Vanuatu

Foreign nationals from countries that are not listed among the eligible countries may still participate in an H-2A or H-2B program under special circumstances. Consult with a qualified immigration lawyer to learn more.

Securing a Qualified Workforce

Immigration Attorney Scott McVarish and his dedicated staff have helped countless business owners and employers in various industries obtain the qualified workers necessary for a strong business year. To learn more about the H-2 visa petition process, please call our office at (800) 792-9889.

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