What is an H-2 Visa (Working Visit)?
The H-2 Visa is a U.S. nonimmigrant visa program that allows American employers to hire foreign nationals for temporary jobs. The term “H-2 Visa (Working Visit)” is a common description because the visa is strictly for temporary work for a limited duration, not for permanent residence.
The program is designed to fill labor shortages when there are not enough able, willing, and qualified U.S. workers to perform the temporary services. The H-2 Visa program is split into two distinct categories based on the type of work.
The Two Types of H-2 Visas
Understanding the difference between the two H-2 categories is the most critical step for employers.
1. H-2A Visa: Temporary Agricultural Workers
This visa is exclusively for temporary or seasonal agricultural labor or services.
- Who it’s for: Employers in farming, ranching, and other agricultural sectors who need workers for seasonal planting, harvesting, or other temporary farm jobs.
- Key Feature: The H-2A visa program has no statutory annual cap, meaning there is no limit on the number of visas that can be issued each year.
2. H-2B Visa: Temporary Non-Agricultural Workers
This visa is for temporary or seasonal non-agricultural labor or services. This is the visa most commonly associated with the general “H-2 Visa (Working Visit)” term.
- Who it’s for: Employers in industries like hospitality (hotel staff, resort workers), landscaping, construction, forestry, seafood processing, and amusement parks.
- Key Feature: The H-2B visa has a statutory annual cap set by Congress (e.g., 66,000 per fiscal year), which is often reached very quickly.
Who is Eligible? (The Employer's Role)
To sponsor an employee for an H-2 visa, the U.S. employer must first prove several key points to the U.S. government:
- Temporary Need: The employer must demonstrate that their need for the worker is temporary (e.g., a seasonal demand, a peak-load need, or a one-time occurrence).
- U.S. Worker Shortage: The employer must prove that there are not enough qualified U.S. workers available to fill the positions. This involves a rigorous recruitment process.
- No Adverse Effect: The employer must show that hiring an H-2 worker will not negatively affect the wages or working conditions of similarly employed U.S. workers.
The Employer's H-2 Visa Process (Overview)
The H-2 Visa is an employer-sponsored program, meaning the company must lead the entire petition process.
- Step 1: File for Labor Certification: The employer must first obtain a Temporary Labor Certification (TLC) from the U.S. Department of Labor (DOL). This application details the job, the recruitment efforts, and the temporary need.
- Step 2: File Form I-129: Once the TLC is approved, the employer files Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).
- Step 3: Worker Applies at Embassy: After USCIS approves the petition, the prospective foreign worker (who must be from an eligible country) applies for their H-2 Visa at a U.S. embassy or consulate in their home country.
Navigate the Complex H-2 Visa (Working Visit) Program
The H-2 Visa process is complex, time-sensitive, and filled with critical compliance steps. From labor certification to managing the payroll of a temporary foreign workforce, a single error can lead to costly delays or petition denials.
TopSource specializes in global mobility and payroll solutions. We help companies navigate the complexities of hiring and paying temporary international workers, ensuring you stay compliant every step of the way.
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