H2-A and H2-B visas

This visa is not intended as a route to permanent residency in the United States but it does allow employers facing a shortage of US workers to bring over and employ non -immigrant foreign workers to undertake agricultural labour or fulfil temporary or seasonal vacancies.

 

H2-A and H2-B visas are predominantly granted on a short term basis to cover the duration of a temporary or seasonal contract. Under special circumstances an H2-A or H2-B visa can be granted for over 1 year but this is rare.

 

Eligibility Criteria
This visa is solely dependent on an employer petitioning on behalf of the proposed employee and the employee is not able to petition on their own behalf.  A requirement of the H2-A and H2-B visa is that the employer must guarantee temporary or full time employment for the candidate being petitioned for.

 

In order to successfully obtain an H2-A or H2-B visa the employer must prove that there are no US citizens able to perform that specific role and that similarly employed US workers will not be adversely affected both with regard to salary and working conditions as a result of the candidate being successful.

 

There are a limited number of H2-A and H2-B visas permitted throughout the course of a fiscal year. It is recommended that employers are fully aware of all labor certification requisites and begin the application process far in advance of the date the candidate is expected to commence employment. Once the quota for H2-A and H2-B visas has been fulfilled it will be necessary for any applicants past this time to wait until the start of the next fiscal year to apply.

 

Spouses and dependent children under 21 years of age are permitted to enter the United States under the main applicant’s H2-A or H2-B visa and will be granted their own H-4 visa. Study is permitted under an H-4 visa but employment is not and if the dependant or spouse wishes to undertake employment it will be necessary for them to apply for their own work visa.