H-2B & H-2A – Temporary Workers

Overview

The H-2A and H-2B are the same visas except for eligibility. If we do not specify H-2A or H-2B below, the visa is valid for both.

Eligibility

You, your entity, and the employment type should be eligible to petition for an H-2 B or H-2A.

Candidate’s Requirements

Workers from those 70+ countries below are eligible to participate in the H-2B or H-2A program:

Andorra, Argentina, Australia, Austria, Barbados, Belgium, Brazil, Brunei, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Republic of Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland, France, Germany, Greece, Grenada, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Kiribati, Latvia, Liechtenstein, Lithuania, Luxembourg, North Macedonia, Madagascar, Malta, Mauritius, Mexico, Montenegro, Mozambique, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Panama, Papua New Guinea, Peru, Poland, Portugal, Romania, Saint Lucia, San Marino, Serbia, Singapore, Slovakia.

Workers from Moldova and Paraguay are eligible to participate in the H-2A program but not the H-2B program. Workers from Mongolia and the Philippines are also eligible to participate in the H-2A program, but not the H-2B program. See here for more information about the H-2 B-eligible and H-2A-eligible countries.

See if you qualify for H2 jobs for free!

Entities’ Requirements

Any entity demonstrating that there are insufficient U.S. workers available to meet a temporary need can assume the H-2B or H-2A obligations.

Position’s Requirements

The employment must be temporary for a limited period, such as a one-time occurrence, a seasonal need, a peak load, or an intermittent requirement.

The work schedule must be a minimum of 35 hours per week. Employers can require additional hours.

The tax form must be a W-2 form and not a 1099.

Work hours must be paid at least the Federal, State, or local minimum wage.

If the employment is agricultural work and meets the above conditions, it is eligible for an H-2A visa. If it is non-agricultural work (labor or service) and meets the conditions above, it is eligible for an H-2B visa.

Here are some examples of H-2A jobs (not limited to): Nurseries and greenhouse growers, Fruit growers, Vineyards and hop growers, Vegetable, tobacco, and other field crop growers, beekeepers, Custom combine operators, Hay, grain, and wheat growers, Christmas tree grower, Horse breeder, truck driver, etc.

Here are some examples of H-2B jobs (not limited to): Landscaping laborer, Greenskeeper, line cook, construction worker, floor runner, tree planter, manufacturing operator, outdoor entertainment worker, cleaner, etc.

Length of Stay

H-2 Visa & Employment Duration

The maximum period of stay for the H-2B or H-2A is usually 3 or 5 years, depending on your country. Check the duration of the H-2B and H-2A visas for your country. However, the employee’s H-2 period of stay will differ depending on the duration of employment needed. The employment duration for seasonal work or peak load is typically 6-8 months, but it can be extended to up to 3 years in the case of a one-time occurrence.

You’ll be tied to working for your employer(s) willing to fulfill the H-2 obligations. As long as you are employed at your H-2 employer, your H-2 is valid. When your temporary employment has ended, your H-2 visa will stay valid for 10 days after your last day working for your H-2 employer. Previous time spent in other H or L classifications counts toward total H-2B time.

You can repeat your participation in this visa if you remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2B or H-2A visa.

There is no limit to the number of H-2 visas you can obtain.

Visa & Employment Transfer

H-2 Extension

As long as your H-2 is valid, you, your new entity, and your new occupation are eligible for an H-2. You can file an H-2 extension with the same employer if they can prove they exceptionally temporarily need you for a longer time, or with another U.S. H-2 employer. The extension is available in increments of up to 1 year each, up to the maximum period of stay for which you are eligible (see above). There is no quota cap for transfer, and the petition can be submitted at any time during the year.

Please note that you can not interchange between an H-2A and an H-2B. If you have an H-2B, your new employment should be non-agricultural or agricultural if you have an H-2A.

Transfer to Another Visa

There are no restrictions on filing for or getting another type of visa other than the H-2 when you have a valid H-2 visa or after.

Compensation & Benefits

Your employer must pay you for all work you do, and at least the federal legal minimum wage. Your employer will also cover your transportation costs and may provide and pay for housing.

In addition, while you are in the United States, you have the right to work in a healthy and safe workplace, free from discrimination, harassment, and exploitation: Your employer must comply with all relevant federal and local workforce laws and regulations.

Family

Your spouse and unmarried children under 21 can be your dependents and will be eligible to accompany you to the United States under an H-4 visa.

Your spouse and children under an H-4 visa can study in the United States.

Your spouse under an H-4 can file for an EAD (Employment Authorization Document) after your arrival and can work in the U.S.A.

Process

Parties Involved

The entity that sponsors you is your future employer. Your company will need a certified immigration lawyer or an agency.

Process Step by Step

Here is the process in this correct order:

1. The entity applies for the prevailing wage and the temporary labor certification for new H-2B workers. As of 2018, the yearly quota of 66,000 has been reached, three times the original amount.
2. Find a job at an entity with an approved temporary labor certification for H-2B (if you do not have a valid H-2B). Your sponsor will be your employer or agent. You, your company, or your agent will need a certified immigration lawyer.
3. Your entity files an H-2B petition with you
4. Apply for the H-2B (if you are outside the USA)
5. Get the H-2B visa and travel to the USA (if you are outside the USA)

You can not skip any steps. For example, if you find a job at an entity with no approved certification for H-2B and do not have a valid H-2B, the entity won’t be able to file an H-2B petition with you. If your entity hasn’t filed an H-2B petition and got approved, you won’t be able to apply for an H-2B visa.

Job Search Duration

Your job search duration (step 2 above) will vary depending on your profile and the difficulty of hiring U.S. employers in your field.

By using USponsorMe, you’ll save 10x more time; see why here. Our jobs are offered through H-2B visa sponsorship by an entity with an approved temporary labor certification. But more importantly, when you subscribe to one of our USponsorMe+ plans, we will tell you if your project is feasible or not with an H-2B or what is missing in your profile to be viable, how long we estimate your job search will take, and we will select H-2B jobs for you and send them to you.

The time it takes to secure a job using USponsorMe depends on the number of jobs you receive and apply for each month, your suitability for the jobs, the quality of your applications, and your performance during job interviews. For example, a USponsorMe member with all the necessary licenses and credentials, an American resume and cover letter rewritten by an expert, who applies for five or more targeted jobs on USponsorMe weekly, and is ready to master job interviews, usually gets the ideal job offer with visa sponsorship within four months.

Visa Process Duration

For Entities

The visa process for employers is steps 1 to 3 above.

The H-2B visa process on the company side usually takes 5 months. The entity will ask for the number of workers it needs to hire for the temporary need.

There are two annual deadlines for employers to file an H-2 petition: March and September, with a cap of 33,000 workers per deadline. If the cap is reached, any unused numbers from the first half of the fiscal year will be available for employers seeking to hire H-2B workers during the second half of the fiscal year. Unused H-2B numbers from one fiscal year do not carry over into the next fiscal year.

For Candidates

The visa process for employers is outlined in steps 4 and 5 above.

Candidates usually take 4-6 weeks to obtain an H-2 visa. As long as the entity is authorized to hire new H-2 workers by the US Department of Labor, you can apply for your H-2 anytime during the year; there is no annual deadline for you to apply for an H-2 visa with the U.S. Department of State (DOS) at a U.S. embassy or consulate. Your deadline will be the first day of employment.

Fees

No visa or recruitment fee is charged to the candidates. For employers, the price can be from $1,000 to $7,000.

H-2 Jobs & H-2 Sponsor Companies

USponsorMe is a job board that lists open jobs offering H2 visa sponsorship. We also have a list of H-2 sponsor companies. You will need to log in to see our listing. Creating an account and browsing jobs is free.

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