The H2 visa is a temporary seasonal work visa designed for two types of workers:
- Agricultural workers with the H2A visa.
- Non-agricultural workers with the H2B visa.
By seasonal, this means that the work is within a specified period of time or event. By temporary, it means that the work does not take more than 1 year to complete.
Who Can Apply for the H2 Visas?
H2A Visa
The H2A visa beneficiaries are US farm employers and foreign employees. Any US farm owner who needs extra workers qualifies to initiate the H2A visa process for foreign workers.
H2B Visa
The H2A visa beneficiaries are US companies, whether they are public or private, sole proprietorships, or corporations who want to hire foreign workers.
H2A Eligibile Countries
The countries eligible for H2A visa are listed below:
- Andorra
- Argentina
- Australia
- Austria
- Barbados
- Belgium
- Bolivia
- Bosnia and Herzegovina
- Brazil
- Brunei
- Bulgaria
- Canada
- Chile
- Colombia
- Costa Rica
- Croatia
- Cyprus
- Czechia
- Denmark
- Dominican Republic
- Ecuador
- El Salvador
- Estonia
- Eswatini
- Fiji
- Finland
- France
- Germany
- Greece
- Grenada
- Guatemala
- Haiti
- Honduras
- Hungary
- Iceland
- Ireland
- Israel
- Italy
- Jamaica
- Japan
- Kiribati
- Latvia
- Liechtenstein
- Lithuania
- Luxembourg
- Madagascar
- Malta
- Mauritius
- Mexico
- Monaco
- Montenegro
- Mozambique
- Nauru
- Netherlands
- New Zealand
- Nicaragua
- North Macedonia
- Norway
- Panama
- Papua New Guinea
- Paraguay
- Peru
- Poland
- Portugal
- Romania
- Saint Lucia
- San Marino
- Serbia
- Singapore
- Slovakia
- Slovenia
- Solomon Islands
- South Africa
- South Korea
- Spain
- Saint Vincent and the Grenadines
- Sweden
- Switzerland
- Taiwan
- Thailand
- Timor-Leste
- Turkiye
- Tuvalu
- Ukraine
- United Kingdom
- Uruguay
- Vanuatu
H2B Eligibile Countries
The current H2B countries list includes these countries:
- Argentina
- Australia
- Austria
- Barbados
- Belgium
- Belize
- Brazil
- Bulgaria
- Brunei
- Canada
- Chile
- Colombia
- Costa Rica
- Croatia
- Czech Republic
- Denmark
- Ecuador
- El Salvador
- Estonia
- Ethiopia
- Finland
- Fiji
- France
- Germany
- Greece
- Grenada
- Guatemala
- Honduras
- Hungary
- Iceland
- Ireland
- Israel
- Italy
- Jamaica
- Japan
- Kiribati
- Latvia
- Lichtenstein
- Lithuania
- Luxembourg
- Madagascar
- Malta
- Monaco
- Montenegro
- Mexico
- Nauru
- The Netherlands
- New Zealand
- Nicaragua
- North Macedonia
- Norway
- Panama
- Papua New Guinea
- Peru
- The Philippines
- Poland
- Portugal
- Romania
- San Marino
- Serbia
- Singapore
- Slovakia
- Slovenia
- Solomon Islands
- South Africa
- South Korea
- Spain
- Sweden
- Switzerland
- Taiwan*
- Thailand
- Timor-Leste
- Turkey
- Tuvalu
- Ukraine
- Uruguay
- Vanuatu
Hiring employees from a country not on the list
However, if a US employer wants to hire an agricultural worker from a country that is not on the list, they will have to go through some procedures, such as:
- Send a request in writing to the DHS.
- Identify the foreign workers by name, date of birth, country of birth, and country of citizenship.
- Submit proof that the US benefits from giving an H2 visa to the workers.
If an employer wants to hire a foreign worker who is not on the list, they should provide these documents:
- A written request to the Department of Homeland Security.
- The foreign workers’ documents.
- Proof that the worker will benefit the US by getting the H2 visa.
H2 Visa Requirements
The applicant should fulfill the following requirements:
- Have a job offer from a US employer.
- Prove that they intend to return to their home country after the visa expires.
- Be from a country listed in the H2A or H2B eligible countries list.
Additionally, the employer in the US should also fulfill some criteria, such as:
- Show that US workers are not willing, qualified, able, or available to work in those positions.
- That by hiring foreign workers, they will not negatively affect the wages and working conditions of US employees.
- The job positions that they offer should be temporary and seasonal work.
Additional DOL Requirements for The Employee
The employer has to prove the following:
- Demonstrate to the DOL that they made efforts to recruit US workers. This can be done by advertising the job positions in newspapers, TV, radio, or other media. Then they have to prove that they took into consideration each US applicant and provide reasons as to why they were rejected.
- Pay workers fair wages. The wage should comply either with the federal or state minimum wage, the Adverse Effect Wage Rate (AEWR), or the prevailing wage, whichever one is the highest. Employers are encouraged to consult with the DOL about what wage rate to use.
- Provide housing for the employee. The housing will be inspected and should comply with the Occupational Safety and Health Administration (OSHA) standards.
- Provide meals. Provide three meals per day to foreign workers or have cooking facilities in the workplace where employees can cook their own meals. If employers provide the meals, they are allowed to charge workers for them and deduct it from their wage.
- Provide transportation. The employer must provide transportation to the employee in these cases:
- When 50% of the contract has been completed, the US employer has to reimburse the transportation expenses of the employee if they were incurred.
- If the employer provides housing, they are also responsible to provide transportation from the housing to the place of work.
- If the employee is returning to their place of recruitment at the end of the contract, the employer is also responsible to pay the economic costs of the transportation to return there. The employer may not be responsible to pay for such costs if the employee is not returning to the place of recruitment due to having another job.
- In case the employer is providing transportation to foreign workers, they should also provide the same conditions for US workers too.
Job Requirements
There are four types of temporary work that qualify:
- One-time occurrence – which means that the job positions are usually permanent, but some event has created a situation where there is a need for a temporary worker. Another situation is if the employer has never hired someone for that certain job position, and does not plan to do so again in the future, but needs someone just for now.
- Seasonal need – which means that there is a shortage of labor now because the industry that the employer is in has a traditional cycle of seasonality, but not because of some unpredictability or because permanent employees are on vacation.
- Peakload need – which means that the job position is usually filled by permanent staff, but due to increased short-term demand, the employer needs additional temporary staff.
- Intermittent need – which means that the employer does not hire permanent staff for that job position, but always hires temporary staff for short periods of time.
Supporting Documents for a H2 Visa Application
Temporary seasonal workers need the following documents to apply for a visa:
- Valid passport.
- Online Form DS-160 and the receipt.
- For the H2B visa: Form DS-156 and Form DS-157 (if male between 16 and 45 years old).
- Forms I-129 and I-797 to show USCIS approval
- Proof of paid visa application fee of $205.
- One photograph meeting the Digital Images Requirements for US visa.
- Job offer from US employer.
- Proof that they intend to return to their home country. This could be a property deed, apartment lease, or future job contract.
How to Apply for a H2 Visa?
To initiate the process, employers who want to hire foreign workers for temporary and seasonal agricultural work have to follow two steps:
Step 1: Get certification from the Department of Labor (DOL)
Getting certification for a H2A visa
For a H2A visa, this can be done by filing the following forms:
- Form ETA-790 – Agricultural and Food Processing Clearance Order (job offer)
- Form ETA-9142A – Foreign Labor Certification
Form ETA-790 should be submitted to the State Workforce Agency where the work will be performed 60 to 75 days before the employer needs the agricultural foreign workers. This form together with the ETA-9142A should be filed to the Chicago National Processing Center (NPC) about 45 days before there is a need for the employees.
The certification is processed by the Chicago NPC and a decision is communicated to the employer 30 days before the employees are needed. If the DOL approves the Temporary Labor Certification, the employer can then move on to the next step.
Getting certification for a H2B visa
In the H2B visa case, employers have to file and prepare these documents:
- Form ETA-9155 – Application for H-2B registration (no more than 150 and no less than 120 days before the worker is needed)
- Form ETA-9141 – Application for Prevailing Wage Determination
- Form ETA-9142 – Application for Temporary Employment Certification (no more than 90 and no less than 75 days before the worker is needed)
Additionally, employers have to prove that the worker is needed temporarily. There are four types of temporary work that qualify:
- One-time occurrence – which means that the job positions are usually permanent, but some event has created a situation where there is a need for a temporary worker. Another situation is if the employer has never hired someone for that certain job position, and does not plan to do so again in the future, but needs someone just for now.
- Seasonal need – which means that there is a shortage of labor now because the industry that the employer is in has a traditional cycle of seasonality, but not because of some unpredictability or because permanent employees are on vacation.
- Peakload need – which means that the job position is usually filled by permanent staff, but due to increased short-term demand, the employer needs additional temporary staff.
- Intermittent need – which means that the employer does not hire permanent staff for that job position, but always hires temporary staff for short periods of time.
The employer then needs to send the documentation that proved their recruiting efforts to the Department of Labor, in order to qualify for the certification. If the DOL approves the Temporary Labor Certification, it is valid for three years. Then the employer can go through the next steps.
Step 2: Submit petition to USCIS
The petition is filed through filling Form I-129 no more than six months and no less than 45 days before there is a need for the employees. Individual petitions should be submitted for each employee and they cannot be transferred to other employees. The form is filed by the employer and a fee of $460 is paid for it
If USCIS approves the petition, they will issue Form I-797 to the employer. Form I-797 contains the dates for when the employer can hire that certain employee and when the work must end. Employers must adhere to the working dates, otherwise future petitions could be denied.
Application Steps for a H2 Visa
Then, the applicant can begin the application process from their home country, by going through the following steps:
- Fill in the DS-160 form online.
- Pay the visa application fee of $205.
- Set up a visa interview appointment.
- Show up to the interview with the supporting documents.
- If your visa application is approved, apply for visa stamping.
How Long Can You Stay in the US?
The H2 visas are valid for 1 year. However, in case they have not completed the work and the employer needs them, or they find another employer, the H-2A visa can be extended. Two extensions for one year each are available. So in total, the maximum amount that a foreign temporary worker can stay in the US on an H2A or an H2B visa is 3 years.
Can I Change Status While on an H-2B visa?
Anyone who is on an H-2B visa in the US can file for status changes. If they find a new H-2B employer, the new employer must file for certification and petition to USCIS to be able to hire the foreign worker.
In addition, if the H-2B visa holder finds jobs that require other visas, they are allowed to have their new employer petition for them to change status. If, for example, the H-2B visa holder finds a temporary agricultural job that requires an H-2A visa, their new employer has to follow the H-2A visa procedures.
You can also go from an H-2B visa to a Green Card. H-2B visa holders can apply for Green Cards which are either Employment or Family Based.
Is it Possible to Change Status to a Different Visa?
If you have found a job which does not qualify as temporary and seasonal agricultural work, but requires a different type of visa, you can change your status to a different work visa. Additionally H2 visa holders can apply for different types of Green Cards, whether they are Employment or Family based Green Cards.
Can You Change Employers on H2 Visas?
If you find a new employer for an H2A or H2B visa, the employer needs to get the DOL certification and file a new Form -129, then you can start working for them.
Why Could the US Deny an H2 Visa?
H2 visas could be denied on different grounds, mainly due to the nature of temporary work. Some reasons include:
- There are enough US workers who can do the job.
- The employer did not file the certification and petitions in time, so they could not prove the unavailability of US workers.
- The employer did not make enough recruitment efforts to hire US workers
- The employer affected wages and work conditions of US employees
- The employer did not/cannot meet the requirements of compensation, meals, housing, and transportation.
- The employer has previously violated H2A or H2B terms and conditions.
Can H2A and H2B Visa Holders Bring Their Family to the US?
Anyone who has an H2A or H2B visa is allowed to have their spouse and children under 21 years old accompany them. The family members will have to apply with an H-4 visa.