Non-Immigrant Visa H-2
The H-2 visa is a non-immigrant visa based on temporary employment and is classified as follows:
H-2A Agricultural Workers
The H-2A visa applies to a foreign national who comes temporarily to the United States to perform agricultural work that is temporary or seasonal in nature.
FAQS
H-2A workers are protected under U.S. labor laws, which include regulations on wages and hours, housing conditions, transportation to and from the country of origin, and coverage under workers' compensation insurance.
Under limited circumstances and with prior approval from the Department of Homeland Security, an H-2A worker can change employers. However, this process requires that a new employer file a petition on behalf of the worker.
The worker must leave the United States within 60 days following the expiration of their H-2A visa or the end of their employment contract, whichever comes later, unless they change their status or extend their stay under another visa classification.
H-2B Non-Agricultural Workers
The H-2B visa is designated for foreign nationals who temporarily come to the United States to perform non-agricultural services or labor. This visa ensures that these activities do not displace qualified U.S. workers available for the same jobs, and that the employment of H-2B visa holders does not adversely affect the wages and working conditions of U.S. workers in similar positions.
FAQS
H-2B jobs often include, but are not limited to, positions in hospitality, construction, landscaping, and the entertainment industry, where temporary non-agricultural labor is required.
Unlike the H-2A visa, there are no mandatory requirements for employers to provide housing or pay for international transportation for H-2B workers. However, many employers choose to offer these amenities to attract workers.
Yes, the spouses and unmarried children under the age of 21 of an H-2B visa holder can apply for H-4 visas to accompany the H-2B visa holder during their stay in the United States. However, they are not authorized to work unless they obtain their own work visa.
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