Now Accepting Clients for Summer 2024 Start Dates
H-2A Agricultural WORKERS
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.
Now Accepting Clients for April 1, 2025 Start Date
H-2B NON-AGRICULTURAL WOrkers
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.
18 YEARS OF EXPERIENCE WITH H-2A aND H-2B
Tip: Requesting a Prevailing Wage Determination from the Prevailing Wage Determination Center (H-2B)
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.
Tip: Placing a Job Order with the State Workforce Agency
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.
Tip: Conducting and Documenting Required Recruitment of U.S. Workers
Filing an Application for Temporary Labor Certification with the U.S. Department of Labor
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.
Filing an Application for Temporary Labor Certification with the U.S. Department of Labor
Filing an Application for Temporary Labor Certification with the U.S. Department of Labor
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.
Filing a Petition for Non-Immigrant Worker(s) with the Department of Homeland Security
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.
Applying for Visa through the U.S. State Department at a Consulate/Embassy Abroad
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.
Need to speak to an attorney?
We offer free immigration consultations via telephone, Zoom, Microsoft Teams, or in-person.