H-2 Visas for Meat Producers to Fill Positions

The U.S. meat industry continues to struggle with severe labor shortages, with job postings for meat processing roles increasing significantly in recent years. As of 2023, the American Meat Institute reported a 45% increase in job vacancies across meatpacking and livestock processing facilities compared to pre-pandemic levels (American Meat Institute, 2023).. This labor gap has led to higher operational costs, increased meat prices, and supply chain disruptions.

Despite offering competitive wages and incentives like signing bonuses, many meat producers struggle to attract local workers for roles in processing plants, livestock handling, and ranch operations. However, the H-2A visa program offers a viable solution, enabling meat producers to hire foreign agricultural workers to fill essential positions.

What is an H-2A Visa?

The H-2A visa program allows foreign workers to enter the U.S. for temporary or seasonal agricultural jobs lasting between one and ten months, with extensions available. Workers must remain employed with the sponsoring company throughout their visa term.

How is the H-2A Visa Used in the Meat Industry?

Meat producers can use H-2A visas to hire foreign workers for livestock production, ranching, and herding—positions that qualify as agricultural roles. This helps sustain domestic meat production, ensuring the U.S. remains less reliant on imported food.

For meatpacking and processing plant roles that do not qualify under H-2A, companies often turn to the H-2B visa, which covers temporary non-agricultural workers.

Steps to Secure an H-2A Visa

The H-2A visa process involves three primary steps, with employers bearing the cost and responsibility for compliance:

1. Obtain Labor Certification: Employers must file Form ETA-790 with their state workforce agency and submit an approved job order along with ETA Form 9142 to the U.S. Department of Labor (DOL). They must also demonstrate efforts to recruit U.S. workers before seeking foreign labor.

2. File an H-2A Petition: Once labor certification is secured, employers must file Form I-129 with U.S. Citizenship and Immigration Services (USCIS). Workers must then attend a consular interview, undergo background checks, and complete biometric verification before receiving their visa.

3. Worker Entry & Compliance: Employers must submit Form I-94 and cover associated fees for each worker. Employees can enter the U.S. no more than ten days before their job starts. Employers are also responsible for maintaining payroll records, providing required housing and transportation, and ensuring ongoing compliance with H-2A regulations.

   
   

Using H-2B Visas for Meatpacking and Processing

The H-2B temporary visa has traditionally been used in seasonal industries such as landscaping, hospitality, and food service. However, the meatpacking industry has increasingly relied on the program to address workforce shortages. According to U.S. Department of Labor data, the number of meatpacking plants granted H-2B visas grew from just six in 2015 to 44 in the most recent year—a six-fold increase (Investigate Midwest, 2024).

Major meat processing companies, including Tyson Foods and Smithfield Foods, have used the H-2B program to hire foreign workers, along with Seaboard Foods, which operates one of the largest meatpacking plants in the country. Because meatpacking is a year-round operation and does not qualify under H-2A, the H-2B visa provides an alternative pathway for companies struggling to find local labor.

Steps to Secure an H-2B Visa

The H-2B visa process requires employers to follow specific steps to ensure compliance and successful hiring:

1. Obtain Prevailing Wage Determination: Employers must file ETA Form 9141 with the U.S. Department of Labor (DOL) to determine the H-2B wage rate.

2. Obtain Temporary Labor Certification: Employers must file ETA Form 9142B with the U.S. Department of Labor (DOL) to demonstrate a shortage of available U.S. workers and ensure that hiring foreign workers will not negatively impact local wages and working conditions.

3. Submit an H-2B Petition: After securing labor certification, employers must file Form I-129 with U.S. Citizenship and Immigration Services (USCIS) to petition for foreign workers.

4. Worker Processing & Visa Approval: Once USCIS approves the petition, prospective employees must apply for an H-2B visa at a U.S. consulate, undergo an interview, provide biometric data, and complete any additional required documentation.

5. Worker Entry & Compliance: Approved workers may enter the U.S. up to 10 days before their employment start date. Employers must maintain payroll records, follow all H-2B compliance regulations, and ensure adherence to visa program requirements.

Who Qualifies & Under What Conditions?

To hire H-2A workers, employers must prove they are paying at least the prevailing wage and that there is a shortage of available U.S. workers. Additionally, companies must provide housing and transportation for workers when required and guarantee at least 75% of the contract period’s work hours.

While the H-2A program is structured for seasonal labor, some meat producers—particularly those focused on livestock production—qualify. However, because meat processing is a year-round necessity, industry leaders continue to advocate for policy changes that would allow greater flexibility in visa durations and eligibility criteria. There are some exceptions to processing plants on the farm when livestock is only raised seasonally.

How Can an Immigration Attorney Help?

Determining whether an H-2A or H-2B visa is best suited for your workforce needs can be complex. The application and compliance process requires careful attention to detail, as errors can lead to costly delays. Working with an experienced immigration attorney ensures a seamless process—from securing labor certification to handling compliance audits.

At Kirchner Law, we specialize in guiding meat producers through the H-2A and H-2B visa process, helping businesses secure the workforce they need while maintaining compliance with federal regulations.

📩 Need assistance? Contact Kirchner Law today to learn how we can help.

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H-2 Visas can fill vital job vacancies.