The H-2A program is a temporary agricultural worker visa program in the United States that allows agricultural employers to hire foreign workers on a temporary basis to perform seasonal or temporary agricultural work when there is a shortage of domestic workers available.
The H-2B program is a temporary work visa program in the United States that allows employers to hire non-immigrant workers from foreign countries to fill temporary non-agricultural jobs. These jobs are typically in industries such as landscaping, hospitality, construction, and seafood processing, among others.
It can take up to 60 days to obtain a prevailing wage determination. If you are looking to bring H-2B workers on October 1, 2024, you need to start as soon as possible.
It is essential to ensure the content of the job order complies with the regulations, which change frequently, and that the job order is properly posted with the appropriate state workforce agency.
Failure to consider qualified, willing, and able U.S. workers or misrepresenting recruitment results can result in severe penalties, including debarment from the program and possible prosecution for fraud. Do not treat visa workers more favorably than U.S. workers.
Due to the limited number of visas, the H-2B program has a lottery system. Typical start dates are October 1st or April 1st. The H-2A program has unlimited visas and is much more flexible, but highly regulated, especially for farm labor contractors.
The government filing fees just went up significantly, with variable fees depending on the size of your company. You may also be required to pay brand new "asylum program fee" to help DHS administer other programs. Employers have a lot of hoops to jump through. Let us take that off your plate.
Our H-2A/H-2B attorney has filed literally thousands of DS-160 non-immigrant visa applications over the course of his career while at Alewelt Inc., the Bernard Firm, PLC, Farmer Law, Foster LLP, and Ogletree Deakins. It is important that representations on the applications are truthful and consistent from year to year.
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