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H-2 Temporary or Seasonal Workers

Arizona Visa Attorneys

An H-2A classification applies to an alien who is coming temporarily to the United States to perform agricultural work of a temporary or seasonal nature.

An H-2B classification applies to an alien who is coming temporarily to the United States to perform nonagricultural work of a temporary or seasonal nature, if there are not sufficient workers who are able, willing, qualified, and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such services or labor. This classification does not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession. The temporary or permanent nature of the services or labor described on the approved temporary labor certification are subject to review by USCIS. This classification requires a temporary labor certification issued by the Secretary of Labor or the Governor of Guam prior to the filing of a petition with USCIS.

H-2A & H-2B Key Requirements:

Employment must be temporary or seasonal: “Employment is of a seasonal nature where it is tied to a certain time of year by an event or pattern, such as a short annual growing cycle or a specific aspect of a longer cycle, and requires labor levels far above those necessary for ongoing operations.”
“Mini” labor certification is required: An employer must test the labor market and hire qualified U.S. workers.
H-2A workers must be from eligible countries, which is updated annually
Subject to annual quotas of 66,000. Half of which is used for the first half of the year. The remaining half is allocated in the second half of the year.

If you are looking for a temporary or seasonal work visa, contact the Arizona Immigration Attorneys at JCL Immigration today.