US H2-A and H2-B Visas

The USA H-2A and H-2B visa service allows an employer in the United States to employ foreign workers in agricultural labor or services of a temporary or seasonal nature.

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A US H-2A or H-2B visa application functions much like a UK work permit application, in that the process is employer led and begins with an offer of employment from a United States based company.

Benefits

The H-2A and H-2B visas for the USA is regarded as a non-immigrant visa and as such is not intended as a route to permanent residency status in the USA. However, it allows employers who anticipate a shortage of US workers to bring non-immigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.

Duration

H-2A and H-2B visas for immigration to the United States are initially granted for the duration of the anticipated need or season and are usually issued for a year or less unless there are extraordinary circumstances.

Eligibility Criteria

H-2A and H-2B visas for the US, depend upon an employer petitioning on behalf of a candidate, and candidates cannot initiate the process of application themselves. Applications for USA visas of this class depend on a guaranteed offer of temporary full time employment from a US based employer. However, the candidate in question must also satisfy a range of criteria.

The US H2-A visa class is aimed at potential employees who will be immigrating to the USA in order to undertake temporary services or labor for a US employer, in which the employer must demonstrate that that there are no US workers available capable of performing such services or labor and that the employment will not adversely affect the wages and working conditions of similarly employed US workers.

The US H-2B visa class is aimed at potential employees who will be immigrating to the USA in order to undertake temporary services or labor for a US employer on a one-time occurrence, a seasonal need, a peak-load need, or an intermittent need.

Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services. However, the employer must obtain a temporary labor certification and demonstrate that that there are no US workers available capable of performing such services or labor and that the employment will not adversely affect the wages and working conditions of similarly employed US workers.

Furthermore, there is a quota or limited amount of H-2A and H-2B visas allotted in a fiscal year. As such, it is highly recommended that US employers are aware of the labor certification requirements and prepare petitions for their foreign beneficiaries well in advance of the intended employment start date. If visas are used up, then the beneficiary will have to wait until the following fiscal year to apply.

Dependents

Spouses and children under 21 years old are permitted to join the visa applicant in the United States by being granted an H-4 visa. H-4 America visas do not allow their holders to work in America, and as a result, a spouse or dependent will not be permitted to seek or undertake employment without applying in their own capacity for a USA work visa. USA H4 visas do however permit holders to study in the USA.

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