H-2B Seasonal Visas

Temporary Visas for Non-Agricultural Workers

Many types of employers throughout the United States have labor requirements that vary throughout the year. Common examples include ski resorts and theme parks. These businesses typically cannot easily find all of the workers that they need to fill all available positions because they are not offering year-round work. To make matters even more difficult, these employers are often providing a wage that may be substantially lower than what most of the people in the local labor market would be willing to accept, or perhaps the nature of the work is such that few people - if anyone - is willing to do the work at all.

About the H-2B Visa

Employers that need to fill temporary or seasonal positions that are not in the agricultural industry can often solve this employment problem by applying for H-2B seasonal worker visas for employees who are foreign nationals. The H-2B is a nonimmigrant visa, so it will only permit the holder to remain and work in the United States for a limited period of time and does not provide a path to permanent residence or citizenship. Instead, workers are only coming to fill a one-time position or to relieve a peak-load employment need.

An employer applying for H-2B visas must first obtain labor certification from the Department of Labor. This process involves supplying proof that hiring aliens to fill the employment positions will not deprive local workers of available jobs and will not cause any negative effect on local wages. Other hurdles to obtaining H-2B visas include a yearly cap on the available number of visas and that only the citizens or nationals of certain countries are eligible. Fortunately, you can greatly improve your chances of success in the application process by retaining the services of a Virginia immigration attorney from Fayad Law, P.C. Our firm has offices in Richmond and Fairfax, as well as in Raleigh, NC, and we serve clients internationally. We can assist you with preparing the necessary paperwork, obtaining labor certification, and resolving complications as they arise. Contact us for a consultation to discuss your needs and to begin the process.

H-2A Seasonal Agricultural Visa

Temporary Agricultural Worker Visas

At Fayad Law, P.C., we assist individuals and businesses throughout Virginia and the world with the process of applying for and obtaining nonimmigrant and immigrant visas and we have more than 20 years of combined legal experience. Among the most common types of temporary work visas that our clients need is the H-2A seasonal agricultural visa. This nonimmigrant visa permits a foreign national to enter and remain in the United States for a limited period of time for the purposes of performing agricultural work that is temporary or seasonal. It makes it possible for the worker to take advantage of better wages that are available on this country, while at the same time providing the employer with a way to satisfy its employment needs.

The first step in the process of applying for an H-2A visa is for the employer to petition the Department of Labor for labor certification. This step requires the employer to prove that the hiring of foreign nationals will not deprive local workers of jobs based on the fact that the local labor market cannot provide workers who are willing, able or qualified to perform the work. Furthermore, labor certification depends on evidence that hiring foreign workers will not depress wages for local workers. Once the employer has obtained labor certification, it must then submit a Form I-129, Petition for Nonimmigrant Worker. After the Form I-129 has been approved, the individual workers may then apply for H-2A visas either at the nearest U.S. Embassy or Consulate or even with Customs and Border Protection at a port of entry or border crossing. A Virginia immigration lawyer from our team can assist you with the entire process, taking action to ensure that you are able to obtain the visas you need swiftly and with a minimum of complication.

Details About the H-2A Visa

The H-2A visa is only available to the citizens or nationals of certain countries, though it is possible to petition for a waiver of this restriction based on evidence that it would serve the interests of the U.S. to permit the entry of the worker or workers. An H-2A visa may be extended beyond the initial period of stay in increments of one year, but it may not extend any further than three years. Workers may be able to bring their spouse and unmarried children under the age of 21 by applying for H-4 visas, though H-4 visa holders are not eligible for employment during their stay in the U.S. For more information, contact us at one of our offices in Fairfax or Richmond, VA, or in Raleigh, NC.