Understanding the H-2 Visa: A Guide for Employers
U.S. businesses recognize that a skilled foreign workforce can be crucial to business success. The H-2 visa program allows U.S. employers to temporarily hire foreign workers to fill essential labor shortages. But how does it work, and which type of H-2 visa is right for your business? Read on for an in-depth look at the H-2A and H-2B visa categories, eligibility requirements, costs, and more.
What Is the H-2 Visa Program?
The H-2 visa program is divided into two categories:
H-2A Visa – Used exclusively for temporary agricultural labor.
H-2B Visa – Used for temporary non-agricultural labor in industries such as hospitality, landscaping, and construction.
Both visa types allow employers to hire foreign workers for temporary work when qualified U.S. workers are unavailable. However, the H-2B visa is subject to an annual cap, while the H-2A visa is not.
H-2A Visa: Temporary Agricultural Workers
The H-2A visa program enables agricultural employers to hire foreign workers for seasonal or temporary work when there is a shortage of U.S. labor. Unlike the H-2B category, the H-2A program does not have an annual cap on visas issued.
H-2A Eligibility Requirements
To qualify for an H-2A visa, employers must show that:
The job is temporary or seasonal.
There are not enough qualified U.S. workers available.
Hiring foreign workers will not negatively impact wages and conditions for U.S. employees.
A valid temporary labor certification has been obtained from the U.S. Department of Labor (DOL).
H-2A Visa Duration and Costs
The visa is initially valid for one year, with extensions available up to a maximum of three years. However, each visa for an employer will only be issued for the period of employment requested.
Employers cover the application fees, transportation, housing, and meal costs for workers.
H-2B Visa: Temporary Non-Agricultural Workers
The H-2B visa allows U.S. businesses to hire foreign workers for non-agricultural seasonal or temporary work. Common industries utilizing the H-2B visa include:
Hospitality & Restaurants
Landscaping & Forestry
Amusement Parks & Resorts
Construction
Nannies and Home Health Aides
H-2B Eligibility Requirements
Employers must demonstrate that:
There are not enough U.S. workers who are willing, able, and qualified for the job.
The position is temporary, full-time, and non-agricultural.
Hiring H-2B workers will not negatively impact U.S. workers.
Types of Temporary Need for H-2B
The H-2B visa requires proof of temporary need, which can fall into one of the following categories:
One-Time Occurrence: A short-term need that will not recur (e.g., a one-time construction project requiring specialized labor).
Seasonal Need: A job tied to a specific season (e.g., winter ski resorts, summer beach resorts).
Peak Load Need: Businesses needing extra workers due to a temporary increase in demand (e.g., retailers hiring for the holiday rush).
Intermittent Need: Companies requiring workers occasionally but not on a permanent basis (e.g., event staffing companies hiring for annual festivals).
H-2B Visa Cap & Availability
Congress sets a cap of 66,000 H-2B visas per fiscal year.
33,000 visas are available for employment starting between October 1 and March 31.
33,000 visas are available for employment between April 1 and September 30.
Unused visas from the first half may be carried over to the second half of the fiscal year.
H-2B Visa Duration and Costs
The visa is initially issued for up to one year and may be extended for a maximum of three years. However, visa for an individual seasonal employer will only last as long as the requested period of need.
Employers are responsible for visa application fees and certain worker expenses.
Can H-2 Visa Holders Bring Their Families?
Yes. Both H-2A and H-2B workers can bring their spouses and unmarried children under 21 under the H-4 visa classification. However, dependents cannot work while in the U.S.
Which Visa Is Right for Your Business?
If your company needs temporary agricultural workers, the H-2A visa is the right choice. If your company needs temporary non-agricultural workers, the H-2B visa may be the best solution.
Navigating the H-2 visa process can be complex, but Kirchner Law can help ensure a smooth application process. With over a decade of experience assisting businesses with complex immigration matters, Meagan Kirchner, founder of Kirchner Law, has helped hundreds of employers bring thousands of foreign workers into the U.S.
For guidance on hiring through the H-2 visa program, visit www.kirchnerimmigration.com or contact Kirchner Law today!

Comments