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Seasonal Visa

Seasonal Visa USA

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H2A Temporary Agricultural Worker

The H2A temporary agricultural worker program permits employers in US to bring individuals from other countries to the country to fill the seasonal agricultural jobs. A US agent or an employer must have filled form 1-129 for the immigrant worker as a prospective employer.
H2B Temporary Non-Agricultural Workers

The H2B temporary non-agricultural worker program permits US employers to bring individuals from other countries to the country to fill the temporary non-agricultural jobs. A US agent or an employer must have filled form 1-129 for the immigrant worker as a prospective employer. A petitioner that claims the need of a non-immigrant worker must show that the recruitment is of periodic nature and seasonal.

Eligible Countries for Seasonal Visa

The H2A visa to issued to foreign nationals of Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Montenegro, Nauru, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, The Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain and Switzerland.

Eligibility for H2A and H2B Visa:

A petitioner is eligible for H2A and H2B nonimmigrant visa only if:

  • It offers a seasonal agricultural employment.
  • Is able to prove that there is lack of workers in US that may be able to work for that seasonal employment.
  • Show that jobs of foreign workers will not affect the working conditions of workers of United States.
  • Should have certification from United States, Depart of Labor.

Seasonal Visa Processing

The H2A and H2B visas are processed in the following manner:

  • Before applying for H2A and H2B visa from USCIS, the petitioner must get a temporary certification from Department of Labor, United States.
  • The employer should then fill a form with USCIS with all requirement met.
  • Once USCIS grants permission to prospective employer, prospective workers should file an application for both the seasonal visas according to the need.

Period of Stay

USCIS may grant the H2A and H2B visa holders a time period specified by United States Labor Department. Both the types of seasonal visa can be extended for a period up to 1 year. Another extension request mentioning the requested time can be made to labor department. The maximum period of stay in this visa type is 3 years.