Working Under an
H2 Visa in America
H2B visas, H2B visa Lawyers, Seasonal
Foreign workers may petition
for a work visa in order to find employment in the United
States. The H1 and H2 visas are the most common. The H2 visa is
a visa for unskilled workers and is the visa most often used for
workers in farming or the construction trades. Our attorneys
have had great success placing workers and aiding them in their
H2 visa application. Below is a summary of H2 temporary work
A Visa is simply a stamp in a
passport that gives the passport holder authorization to enter
the United States. The INS (Immigration and Naturalization
Service) handles most matters involving visas.
The H1-B and H2 visas are also
commonly called "work visas" or "work permits". The H1-B is the
most common work visa and relates primarily to skilled labor,
primarily those with advanced degrees.
U.S. employers may also
petition for skilled or unskilled alien workers to meet
temporary or seasonal needs in positions for which qualified
U.S. workers are not available. It is important to note that
both the services for which the employer requests H-2 labor
approval and the employer’s need for such services must be
temporary. There is currently an annual cap of 66,000 visas for
H-2B workers. There is no annual cap on visas for H-2A workers.
Employment opportunities in the state of Minnesota, which
reflect the national trend, are abundant, so abundant that
employers are seeking out the assistance of foreign workers to
fill the gaps in the workplace particularly in the construction,
fair and carnival workers, and machinist trades.
Our lawyers work with a number
of national construction companies, fairs and carnival
corporations to place H2 Visa Workers.
The Department of Labor has
compiled a list of
Certifications By Occupation for the period June 1, 1999
to May 31, 2000.
the Process for Applying for a H2 Visa?
The first step to hiring an
H-2 worker from outside the U.S. is for the employer to apply
for a temporary labor certification with the Department of
Labor. These certificates are designed to assure that the
admission of aliens to work in this country on a temporary basis
will not adversely affect the job opportunities, wages, or
working conditions of U.S. workers. The employer is required to
file the labor certification with the I-129 petition. For
specific procedures on filing, please visit the
Department of Labor’s Employment and Training Administration.
Dependents (spouses and
unmarried children under 21 years of age) of H-2 workers are
entitled to H-4 status with the same restrictions as the
principal. Dependents may not be employed under the H-4
A single petition may cover
multiple workers if:
- they will perform the
- they will work in the
- they are included on the
same labor certification and,
- they come from places
that are served by the same U.S. consulate, or, if visa
exempt, they will enter at the same port of entry.
It is not necessary to
identify requested H-2A beneficiaries by name (unless only a
single worker is needed) if they are unnamed on the underlying
labor certification. H-2B beneficiaries must be named unless
circumstances (e.g. emergencies) make identification by name
impossible. The number of unnamed beneficiaries must always be
stated on the petition.
Long is the Visa Valid?
The length of the stay on an
H-2B visa is limited by the duration of the employer’s temporary
need for additional workers. The maximum authorized period of
stay is one year, and the visa may be extended for a total of
Should I File?
The employer is advised to file
the temporary labor application at least 60-90 days but no more
than 120 days before the foreign worker is needed on the job.
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