Are you in need of a Temporary Non-Agricultural Worker Visa?

Sean Lewis can help you get a Temporary Non-Agricultural Worker Visa! Here are some frequently asked questions that we can help you answer!

The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. employer, or U.S. agent as described in the regulations, must file Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf.” -USCIS


Who Qualifies?

Petitioner must show that:

  • Not are not enough workers in the U.S for job
  • Wages and conditions will be the same as the U.S workers
  • Services are temporary
    • One time
    • Seasonal
    • Peak-load



“There is a statutory numerical limit, or “cap,” on the total number of foreign nationals who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year (FY). Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – September 30). “



What’s the process? See more here

  1. Submit temporary labor certification application
  2. Submit Form I-129
  3. Outside workers apply for visa


What countries allow this visa?

Some countries include…

  • Argentina
  • Australia
  • Barbados
  • Brazil
  • Canada
  • Chile
  • Colombia
  • Costa Rica
  • Dominican Republic
  • Ecuador
  • El Salvador
  • Estonia
  • Ethiopia
  • France
  • Germany
  • Greece
  • Guatemala
  • Honduras
  • Ireland
  • Israel
  • Jamaica
  • Japan
  • Malta
  • Mexico
  • Nicaragua
  • Panama
  • Papua New Guinea
  • Peru
  • The Philippines
  • Portugal
  • Romania
  • South Africa
  • South Korea
  • Spain
  • Sweden
  • Switzerland
  • Taiwan*
  • Thailand
  • Ukraine
  • United Kingdom
  • Uruguay


How long can I stay?

Typically the temporary labor certification decides how long you can stay. It may be extended by 1 year. However, if it exceeds 3 years, individual must leave U.S for 3 months before seeking re-admission.


What about my family?

Thankfully we can help with that too!

“Any H-2B worker’s spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.”


Still confused on what you should do? Call us at 615-226-4236 or 615-ABO-GADO!

Am I Eligible for a Temporary Agricultural Worker Visa?

Have you been employed to work in the U.S? Want to see if you qualify for a H-2A Temporary Agricultural Worker Visa? Keep reading and find out if you are eligible! Don’t know what a H-2A is? Also, keep reading!

What is a H-2A Temporary Agricultural Worker?
A H-2A is a program that allows certain U.S employers to bring over migrate works in order to fill agricultural jobs, temporarily.

Who qualifies?
According to USCIS..
The petitioner must…

-Offer a job that is of a temporary or seasonal nature.
-Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
-Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
-Generally, submit a single valid temporary labor certification from the U.S. Department of Labor with the H-2A petition. (A limited exception to this requirement exists in certain “emergent circumstances.” See e.g., 8 CFR 214.2(h)(5)(x) for specific details.)

What’s the process?
1. Petitioner must submit a temporary labor application to the Department of Labor. See more here.
2. Petitioner submits form I-129 to USCIS
3. Workers can then apply for visa/admission

Is my country eligible?
Some countries eligible for visa include:
Country not on list? See more here.
Costa Rica
Dominican Republic
El Salvador
New Zealand
Papua New Guinea

How long can I stay?
Maximum period is 3 years.. Program can be extended in 1 year periods.

A person who has held H-2A nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant. Additionally, previous time spent in other H or L classifications counts toward total H-2A time. -USCIS

Will there be records for working?
Yes, yes and yes.

Employers certified under H-2A must keep accurate and adequate records with respect to the workers’ earnings as well as the hours each worker actually works. In addition the employer must retain a record of time “offered” to the worker but which the worker “refused” to work. Records must also include the time the worker began and ended each day, the rate of pay, the earnings per pay period, the worker’s home address, and the amount of and reasons for any and all deductions taken from the worker’s wages. These records must be kept for three years after the date of the H-2A certification. -Elaws

Can I bring my kids?
Yes, if they are under the age of 21, they may seek admission.

What’s the cost?
Cost varies according to case. Consult with Sean Lewis for exact fees.

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