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.