Temporary/Seasonal Workers

Hiring Temporary/Seasonal Foreign Workers: H-2A & H-2B Visa Solutions for U.S. Businesses

For businesses facing seasonal labor shortages, the H-2A and H-2B visa programs offer a solution to hire foreign workers for temporary agricultural and non-agricultural positions. These visa categories allow U.S. employers to lawfully fill workforce gaps when qualified American workers are unavailable.

At Cho Law LLC, we assist businesses in navigating the complex H-2A and H-2B visa processes, ensuring compliance with U.S. immigration laws and securing the workforce they need.

Why Hire Temporary Foreign Workers?

The U.S. labor market experiences seasonal fluctuations, making it challenging for businesses to find sufficient workers. The H-2 visa program allows employers to:

• Address workforce shortages in agriculture, hospitality, landscaping, construction, seafood processing, and other industries.
• Legally hire skilled and unskilled workers on a temporary basis.
• Maintain business operations during peak seasons without disruption.

H-2A Visa: Temporary Agricultural Workers

The H-2A visa allows U.S. employers to hire foreign workers for seasonal or temporary agricultural work. Common industries include farming, harvesting, livestock, and greenhouse operations.

Eligibility Requirements

• The job must be temporary or seasonal in nature.
• The employer must demonstrate that there are not enough U.S. workers to perform the job.
• Employment must not adversely affect U.S. workers’ wages or conditions.
• The employer must provide housing, transportation, and meals for the workers.

Key Benefits

• Legal workforce to meet seasonal agricultural needs.
• Expedited processing for returning H-2A workers.
• No annual cap on the number of H-2A visas issued.

H-2B Visa: Temporary Non-Agricultural Workers

The H-2B visa allows U.S. employers to hire foreign workers for temporary non-agricultural jobs in industries such as hospitality, construction, landscaping, manufacturing, and seafood processing.

Eligibility Requirements

• The job must be seasonal, peak load, intermittent, or one-time need.
• The employer must prove that there are not enough U.S. workers available for the position.
• The employment must not adversely impact U.S. workers.
• The number of H-2B visas issued is capped at 66,000 per fiscal year.

Key Benefits

• Flexible workforce for seasonal or project-based industries.
• Legal and compliant hiring process to avoid penalties.
• Faster processing for returning H-2B workers under the returning worker exemption.

Application Process for H-2A and H-2B Visas

Step 1: Employer Files Temporary Labor Certification

• Submit a Temporary Labor Certification to the S. Department of Labor (DOL).
• Demonstrate efforts to recruit U.S. workers before hiring foreign workers.

Step 2: Submit Form I-129 to USCIS

• Once certified by the DOL, the employer files Form I-129 (Petition for Nonimmigrant Worker) with S. Citizenship and Immigration Services (USCIS).

Step 3: Worker Applies for Visa

• Approved workers apply for an H-2A or H-2B visa at a S. consulate in their home country.
• Workers undergo a visa interview and background check.

Step 4: Worker Arrives in the U.S.

• Upon visa approval, workers enter the U.S. and begin employment.
• H-2A workers must be provided with housing, while H-2B workers secure their own accommodations.

Employer Responsibilities Under H-2A and H-2B Programs

Employers must comply with strict regulations to maintain compliance:

• Wages & Working Conditions: Pay workers the required prevailing wage and provide fair working conditions.
• Housing & Transportation (H-2A): Provide free housing and transportation for agricultural workers.
• No Displacement of U.S. Workers: Ensure the hiring of foreign workers does not negatively affect U.S. workers.
• Timely Payments: Pay workers on time and comply with all labor regulations.

How Cho Law LLC Can Help

Navigating the H-2A and H-2B visa process requires careful planning and strict adherence to legal requirements. Cho Law LLC offers comprehensive support to employers seeking to hire temporary foreign workers.

Our Services Include:

• Temporary Labor Certification Filing: Assistance with Department of Labor applications.
• USCIS Petition Preparation: Ensuring all forms and supporting documents are correctly submitted.
• Consular Processing Guidance: Helping workers obtain their visas at U.S. embassies.
• Compliance Support: Advising on wage, housing, and transportation requirements.
• Renewal & Extension Assistance: Helping businesses retain seasonal workers legally.

Frequently Asked Questions (FAQs)

Q: How long can H-2A and H-2B workers stay in the U.S.?

• H-2A and H-2B visas are granted for up to one year but can be extended in one-year increments for a maximum of three years.

Q: Can H-2A and H-2B workers bring their families?

• Yes, workers can bring spouses and children under H-4 visas, but H-4 holders are not allowed to work.

Q: What happens if an employer does not comply with program requirements?

• Employers who fail to follow program rules may face fines, penalties, or bans from hiring foreign workers in the future.

Q: Can an H-2B worker change employers?

• Yes, but a new employer must file a new H-2B petition before the worker can legally transfer.

Q: Is there a cap on H-2A visas?

• No, there is no annual cap for H-2A visas. However, H-2B visas are limited to 66,000 per year.

Contact Cho Law LLC Today

If your business needs reliable temporary workers, Cho Law LLC is here to help. We provide expert legal assistance to ensure seamless visa approvals while keeping your business compliant with U.S. immigration laws.