These visas are available for seasonal and temporary workers, including those in agriculture.
H-2A and H-2B visas are available for those who are offered a job that is temporary, seasonal in nature, for a one-time occurrence, or is based on peakload or intermittent need. The employer must be able to show that there are not sufficient U.S. workers who are able, willing, qualified and available to do the temporary work.
H-2A visas cover work that is agricultural in nature and H-2B visas cover all other types of temporary work. Only nationals of certain countries are eligible to apply for these visas. These include: Canada, El Salvador, Guatemala, Honduras, Jamaica, Mexico, and Poland, amongst many others.
To apply, the employer must submit a temporary labor certification application to the Department of Labor. Once approved, the employer submits this certification and a petition to U.S. Citizenship and Immigration Services.
A spouse and unmarried children may also apply under the H-4 category. H-4 holders are not allowed to work but may open bank accounts and obtain a driver’s license.