H-2A Agricultural Worker Visas

The H-2A temporary agricultural visa allows foreign nationals to enter the United States to perform agricultural labor or services of a temporary or
seasonal nature in the United States on a temporary basis.  To qualify for H-2A nonimmigrant classification:

• The job offered must be of a temporary or seasonal nature
• The employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work
• The employer must show that the employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers

Generally, a single, valid temporary labor certification from the U.S. Department of Labor must be submitted with the H-2A petition. 
H-2A petitions may only be approved for nationals of countries that the Secretary of Homeland Security has designated as eligible to participate in the H-2A program. 
For a list of eligible counties, please

click here http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=889f0b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel
=889f0b89284a3210VgnVCM100000b92ca60aRCRD

H-2B Temporary Non-agricultural Worker Visas
The H-2B nonagricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs. 
To qualify for H-2B nonimmigrant classification:

• The employer must establish that its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described
  as permanent or temporary.  The employer’s need is considered temporary if it is a one-time occurrence, a seasonal need, a peak-load need, or an intermittent need
• The employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work
• The employer must show that the employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers

Generally, a single, valid temporary labor certification from the U.S. Department of Labor (DOL), or, in the case where the workers will be employed on Guam,
from the Governor of Guam, must be submitted with the H-2B petition.

For more details on H-2B program please visit USCIS website http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d1d333e559274210VgnVCM100000082ca60aRCRD&vgnextchannel=
d1d333e559274210VgnVCM100000082ca60aRCRD

Please contact our office http://stonehavenlaw.com/contact_us.html for a free consultation to determine if you are eligible for this visa category.

Disclaimer: The information provided here is of a general nature.  It should not be construed as legal advice and does not constitute
an engagement of the Stone Haven Law Group or establish an attorney-client relationship.