H-2A Seasonal Agricultural Workers The H-2A visa is a means for agricultural employers to bring nonimmigrant foreign workers to the United States to perform agricultural labor or services of a temporary or seasonal nature. Before the United States Citizenship and Immigration Services (USCIS) can approve an employer's petition for such workers, the employer must file an application with the Department of Labor stating that there are not sufficient workers who are able, willing, qualified, and available to do such work, and that the employment of aliens will not adversely affect the wages and working conditions of similarly employed United States workers. "Temporary or seasonal nature" means employment performed at certain seasons of the year, usually in relation to the production and/or harvesting of a crop, or for a limited time period of less than one year when an employer can show that the need for the foreign workers(s) is truly temporary. H-2B Seasonal Non-Agricultural Workers The H-2B visa programs allow United States employers to petition on behalf of skilled or unskilled workers in order to meet temporary or seasonal demands. United States Employers must first apply for a Temporary Labor Certification with the Department of Labor. The purpose of the Temporary Labor Certification is to establish that the admission of aliens to work in this country on a temporary basis will not adversely affect the job opportunities, wages, or working conditions of United States workers. Furthermore, the services for which the employer requests Temporary Labor Certification approval and the employer's need for such services must be strictly temporary in nature, for a period of time not to exceed 365 days.
The H-2B Visa is a highly useful solution for circumstances and individuals that may not qualify for other, more commonly utilized nonimmigrant visa options. However, due to its wide reaching application, the process can be cumbersome and time-consuming. The Bae Law Group has prepared successful H-2B visa petitions for employers in the information technology, hospitality, transportation, sports and entertainment, and commercial fishing industries. Our attorneys and staff have the experience and understanding to navigate employers through the challenging Department of Labor recruitment and Temporary Labor Certification process. This will allow our firm to structure a highly efficient and practical approach to securing H-2B visa approval for current and future seasons when temporary workers will be required.
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