Working Under an H2 Visa in America
H2B visas, H2B visa Lawyers, Seasonal Workers

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 visas.

What is the H2 Visa?

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 H-2B Program Certifications By Occupation for the period June 1, 1999 to May 31, 2000.

What is 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 classification

A single petition may cover multiple workers if:

• they will perform the same services
• they will work in the same location
• 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.

How 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 three years.

When 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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