These are visas issued to non-immigrant aliens allowing them to be employed in the United States for a period of up to 10 months. The H-2A visa is issued to temporary agricultural and horticultural workers. The H-2B visa is issued to temporary non-agricultural workers such as housekeepers, landscapers and kitchen helpers. Multiple openings of the same job and rate of pay may be on the same application which is filed with the State Workforce Agency (SWA) and the U.S. Department of Labor, National Processing Center (NPC). The certification is issued to the employer, not the worker, and is not transferable from one employer to another or from one worker to another. The H-2A and H-2B workers may be re-employed each year as long as they return to their home country at the end of each year’s seasonal employment.
There are a limited number of H-2B visas available each fiscal year (October 1 - September 30) with a cap of 66,000. Additional H-2B workers may be brought in under a special visa category entitled H-2R once the cap is reached if the
worker has held an H-2B visa in one of the last three (3) fiscal years. An H-2B worker who has held a visa in one of the last three (3) fiscal years does not count against the 66,000 cap. Please note that the H-2R category typically expires at the end of each fiscal year and an extension of the category requires Congressional approval.
There is no limit on the number of H-2A visas available each fiscal year.
Step 1: An Employer application form ETA 750 must be submitted to the State Workforce Agency (SWA) serving the area of proposed employment.
Step 2: The SWA instructs the employer on recruitment and advertising required, typically three consecutive days in a local newspaper, the appropriateness of the wages and working conditions offered and refers qualified candidates to the employer for interviews.
Step 3: A recruitment report summarizing the results of the advertising is submitted. The employer application for certification is forwarded by the local SWA to the appropriate National Processing Center (NPC).
Step 4: The DOL NPC certifying officer will grant certification if he/she find that qualified persons in the United States are not available and that the terms of employment will not adversely affect the wages and working conditions of workers in the United States similarly employed.
Step 5: The Labor Certification Determination and Form I-129 are submitted to the USCIS along with filing fees.
Step 6: The Petition Approval is sent to the U.S. Consulate where the H-2B or H-2A workers will receive their visas and Consulate appointments are set.