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Englishby Natalie McQuilkin Since the creation of temporary work visas, many industries and businesses have relied on foreign workers to fill seasonal or temporary jobs. Temporary work visas provide a dual benefit: they provide secure, well-paying jobs for foreign nationals and help improve the U.S. economy by filling short-term positions that otherwise would not be filled.
In this blog post, we will talk about three of the visas temporary work most common:We have discussed these visas in our blog posts about the hotel industry and the restaurant industry, but this time, we will delve into the details of each visa so you can know which of these visas is the most suitable for your company.
The H-2A visa is specifically aimed at performing temporary agricultural duties. This could apply when it is necessary to construct an apartment complex or when a specific crop must be harvested. According to U.S. Citizenship and Immigration Services (USCIS), The most common jobs for the H-2A visa are found in agriculture, fishing, and forestry, as well as in construction and extraction..[1] These jobs can range from working on farms, operating agricultural equipment, or driving trucks.[2] The following table, which was extracted from the USCIS H-2A Employer Data Hub, shows the top companies that applied for the highest number of H-2A visas as of June 2023. This table provides information on the types of companies that rely on H-2A petitions to fill thousands of temporary jobs.
This visa, along with the others that will be covered in this post, requires the employer to follow a specific petition process. One of the main reasons for this process revolves around the need to ensure that no there are U.S. workers “able, willing, qualified, and available” for the work and that the wages and working conditions of U.S. workers will not be “adversely affected” if foreign citizens are hired to work in similar roles.[3] To begin applying for the H-2A visa for a foreign citizen, the employer must first obtain a prevailing wage determination, which establishes the minimum wage that the employer can pay the foreign worker. This is to ensure that U.S. employees working in similar positions continue to receive an adequate wage. Following this, the employer may file a job order with the State Workforce Agency. Upon completing the job order, it is imperative that the employer provide accurate information regarding the foreign national's name, projected wage, and job requirements. Then, the H-2A application for temporary labor certification can be filed. As an attempt to recruit U.S. workers for a temporary agricultural job, The employer must demonstrate that it has tried and failed to recruit U.S. workers for the job in question.. If there are no acceptable US candidates, the employer can create and submit a recruitment report to demonstrate that there were no qualified US workers willing to accept the job. After this is submitted to the Chicago National Processing Center (NPC), the Chicago NPC will provide a final determination notice, granting approval or denial. If approved, the employer will submit the Petition for a Nonimmigrant Worker (Form I-129) with the temporary labor certification and any additional documentation to USCIS. After Form I-129 is approved, H-2A workers living outside the U.S. must apply for the H-2A visa with the Department of State at a U.S. embassy or foreign consulate. Although the initial steps of the H-2A visa are lengthy, processing petitions is quite fast due to the temporary nature of this visa. As of December 2023, the California Service Center is processing Form I-129 in just 15 days.[4] Once the petition is approved, the beneficiary may remain in the United States for the term listed on their labor certification. This period of stay can be extended in 1-year increments until the beneficiary has been in the U.S. for three years, according to USCIS. While the beneficiary lives and works in the U.S., their spouse and unmarried children under 21 years of age may also join the foreign national.
In addition to following the multi-step petition and application process, employers must also comply with other guidelines established by USCIS:
The H-2B visa is a temporary non-agricultural visa suited for businesses interested in filling seasonal or short-term positions. Each fiscal year, 66,000 visas are made available, of which 33,000 are designed for the first half of the fiscal year and the remaining 33,000 visas correspond to the second half of the fiscal year. Due to the high demand for this visa, the cap is reached quickly each year. In fiscal year 2024, the cap of 33,000 visas was reached on October 11, 2023, just 10 days after the fiscal year began.[7]
Because this visa does not require specialized skills or a degree, it is ideal for recruiting workers to perform entry-level jobs such as dishwashing, housekeeping, serving, packing, and more. In June 2023, the top industries applying for H-2B visas included administration, support, waste management, remediation services, and manufacturing.[8] Below is a breakdown of the USCIS Employer Data Hub with the top companies that applied for H-2B visas in June 2023.
Just like with the H-2A visa, the employer must meet many requirements to petition for a foreign citizen. The petitioner must belong to one of these categories to petition for a foreign citizen:
The H-2B petition process is like the H-2A petition process. The employer must submit a temporary labor certification to the Department of Labor to provide evidence that the foreign worker and U.S. workers in the same position will be paid fairly. Once the certification is approved, the petitioner can file Form I-129 with USCIS. After this is approved, the beneficiary can apply for their visa or request admission to the U.S. The period of stay for the temporary employee depends on the labor certification filed by their employer, but foreign nationals can remain for up to three years with the H-2B visa. Just like the H-2A visa, the beneficiary's spouse and unmarried children under 21 years of age can join them in the United States with H-4 visas.[9] As of December 2023, the California Service Center is processing applications in just one week, and the Vermont Service Center is processing applications in five weeks.[10]
Created through the Immigration Act of 1990, the H-1B visa is designed to accommodate foreign citizens with specialized occupations.[11] According to USCIS, to be considered a “specialty occupation,” the job “requires the theoretical and practical application of a body of highly specialized knowledge,” and requires at least a U.S. bachelor's degree or its equivalent. This may also include certifications or licenses. As of July 2023, the most common industries that petitioned for H-1B visa beneficiaries included professional, scientific, and technical services; retail trade; information; manufacturing; and finance and insurance. Within these fields, several well-known companies top the lists of companies that petition for foreign citizens: However, the fact that a certain industry is not among the most common industries does not mean that it cannot be used for the H-1B visa. In previous blog posts, we have discussed how the H-1B visa can also be used in the restaurant industry and the hotel industry.
This popular visa has several benefits. A standout feature of this visa is that it is a visa double entendre, meaning that the beneficiary can live and work in the U.S. temporarily, or can apply for a green card while using the visa. This dual-intent quality is very attractive both to those who simply want to gain work experience in the United States and to those interested in building a permanent future for themselves in the United States. The H-1B visa also has a “portability” aspect, meaning that an H-1B worker can change jobs and be petitioned by a new employer while living in the United States, which eliminates the risk of the foreign national being “out of status,” according to the Department of Labor.[12] Although the period of stay for the beneficiary depends on the labor condition application that the petitioner submits to the Department of Labor, foreign nationals generally stay for about three years. That period of stay can be extended to six years, if necessary. This provides stable employment for the beneficiary and ensures the company that a specific position will remain filled for a period of time. Another great benefit of this visa is that the foreign national's spouse and unmarried children under 21 years of age can join them in the United States using H-4 visas. A final advantage of this type of visa is that the application is processed faster than most. As of December 2023, it takes between 1.5 and 6.5 months to process H-1B visas at the California, Vermont, Nebraska, and Texas service centers.[13]
At the beginning of each fiscal year, the U.S. government allocates 65,000 H-1B visas for bachelor's degree holders and an additional 20,000 H-1B visas for those holding a master's degree or higher. However, due to the popularity of this visa, the U.S. government quickly receives more than 85,000 applications. In fiscal year 2024, 780,884 H-1B visa applications were submitted, representing a 61 percent increase compared to the previous fiscal year..[14] Because this visa is in high demand, a lottery system to randomly determine which applicants may be requested. There are some cases where the limit does not apply, such as when “a sponsoring employer is an institution of higher education, a non-profit organization connected to an institution of higher education, or a governmental research organization.”. [15]
If the employer is subject to the H-1B visa cap, it is important to know that there is a specific timeline to follow for the H-1B visa petition process. The earliest petitioners can register for the H-1B visa is the February 21. At 12 p.m. ET on March 1, the registration period opens, and the registration period closes at 5 p.m. ET on March 20. When registering for the H-1B visa, the employer must keep in mind that the beneficiary will start on October 1st or later. If the employer is selected in the lottery, the company must begin obtaining the prevailing wage and labor condition application. Then, the company can file Form I-129 with USCIS. Employers should know that A foreign citizen can only be nominated by petition.[16]
Petitioning a foreign national through one of these powerful visas is a great way to provide stability to your business during periods of high volume or busy seasons. Because the petition process can be complicated, it is imperative that you have a trusted business immigration lawyer by your side. [1] H-2A Employer Data Hub, U.S. Citizenship and Immigration Services, June 30, 2023, H-2A Employer Data Center USCIS, (last visited November 22, 2023). [2] Hannah Whaley, The powerful visas for US companies: H-1B, H-2A and H-2B, Eagan Immigration, November 30, 2023, The powerful visas for US companies: H-1B, H-2A, and H-2B – YouTube. [3] H-2A Temporary Agricultural Workers, U.S. Citizenship and Immigration Services, November 8, 2023, H-2A temporary agricultural workers USCIS, (last accessed Dec 4, 2023). [4]Processing times, U.S. Citizenship and Immigration Services.,Processing times (uscis.gov), (last visited December 4, 2023). [5] Fact Sheet #26G: H-2A Housing Standards for Rent and Public Lodging, U.S. Department of Labor. U.S., November 2022, Fact Sheet #26G: H-2A Housing Standards for Rent and Public Lodging | U.S. Department of Labor (dol.gov). [6] Fact Sheet #26D: Meal Requirements for H-2A Employers, U.S. Department of Labor, November 2022, Fact Sheet #26D: Meal Requirements for H-2A Employers | U.S. Department of Labor (dol.gov) [7] H-2B Nonimmigrant Cap Count, U.S. Citizenship and Immigration Services, November 16, 2023, H-2B Nonimmigrant Cap Count USCIS, (last visited November 22, 2023). [8] H-2B Employer Data Hub, U.S. Citizenship and Immigration Services, June 30, 2023, H-2B Employer Data Center USCIS, (last visited November 22, 2023). [9] H-2B Temporary Non-Agricultural Workers, U.S. Citizenship and Immigration Services, November 22, 2023, H-2B Non-Temporary Workers Agriculture | USCIS, (last visited November 22, 2023). [10] Processing times, U.S. Citizenship and Immigration Services., Processing times (uscis.gov), (last accessed Dec 4, 2023). [11] Chris Fuchs, What is the H-1B visa? NBC News, March 30, 2019, What is the H-1B visa? (nbcnews.com). [12] Fact Sheet #62W: What Is “Portability” and Who Does It Apply To? U.S. Department of Labor – Wage and Hour Division, November 2016, Fact Sheet #62W: What Is “Portability” and Who Does It Apply To? | U.S. Department of Labor (dol.gov). [13] Processing times, U.S. Citizenship and Immigration Services., Processing times (uscis.gov), (last accessed Dec 4, 2023). [14] Second H-1B visa lottery announced for fiscal year 2024, Boundless, July 28, 2023, Second H-1B visa lottery announced for fiscal year 2024 – Boundless, (last visited November 22, 2023). [15] The H-1B Visa, Explained, Without Limits, The H-1B Visa, Explained – Without Limits, (last visited: November 22, 2023). [16] Hannah Whaley, The powerful visas for US companies: H-1B, H-2A and H-2B, Eagan Immigration, November 30, 2023, The powerful visas for US companies: H-1B, H-2A, and H-2B – YouTube.
