H2A Visa (Agricultural Worker)

The H2A visa is designated for individuals who will be employed as seasonal farm workers temporarily. The H2A visa may be issued for a period up to one year and may be extended for a three year total duration. There is no numerical limit to the number of H2A visas issued. A single petition may be used to sponsor a large number of H2A visas if:

• they will perform the same services;
• they will work at the same location; and
• they obtain their visa stamp through the same US Consulate.

Spouses and children of H2A visa holders may enter and remain in the US in H4 status. H4 visa holders may attend school in the US but cannot accept employment.

Foreign agricultural workers who will work for US companies to provide labor or services of a temporary or seasonal nature

An H2A petitioner must establish that the employment proposed in the certification is of a temporary or seasonal nature. 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. Employment is of a temporary nature where the employer's need to fill the position with a temporary worker will, except in extraordinary circumstances, last no longer than one year.

H2B Visa (Seasonal Worker)

The H2B visa is designated for individuals who will be employed in a nonagricultural positions which are seasonal, intermittent or a one time occurrence. Examples of qualifying positions include travel agents, restaurant workers, janitors, resort workers, amusement park workers and landscape workers.

Spouses and children of H2B visa holders may enter and remain in the US in H4 status. H4 visa holders may attend school in the US but cannot accept employment.

US. companies hiring foreign nationals to perform temporary work for which no US workers are available

An H2B nonagricultural temporary worker is an alien who is coming temporarily to the United States to perform temporary services or labor, is not displacing United States workers capable of performing such services or labor, and whose employment is not adversely affecting the wages and working conditions of United States workers.

Contact a Texas Immigration Lawyer at Bertolino LLP

Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an attorney in the Austin office, call 512.476.5757. For the San Antonio office, call 210.223.5553. For the Houston office, call 713.225.7474. You may also contact the firm by e-mail.