H-2: TEMPORARY LABOR OR NEED
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the job must be a temporary job in the U.S.; that is, not only must the alien be coming temporarily and the employee must hire foreign nationals temporarily, but the job itself must have a finite existence;
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normally, there must be a determination that there are no qualified American workers available for the position;
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it is difficult to obtain permanent resident status based on the same job for which the alien had H-2 status.
Types of H2 Visas
H-2A Agricultural Worker
The H-2A classification applies to an alien coming to engage in temporary or seasonal agricultural employment. It establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.
H-2B Skilled or Unskilled Worker
The H-2B classification applies to an alien coming temporarily to engage in non-agricultural temporary employment which is seasonal, intermittent, a peak load need, or a one-time occurrence. This option also exists for Au Pairs.
Steps to Obtain H-2 Visa
Before obtaining a final approval, all H-2 petitions have to go through 3 agencies: 1) State Local Workforce Agency (SWA); 2) Department of Labor (DOL); 3) U.S. Citizenship and Immigration Services (USCIS).
SWA will require employers to go through a process of advertising for a position to show that no Americans are found to fill the position and are immediately available. It forwards all the recruitment results to DOL. The employer must obtain a certification from DOL that there is a shortage of available, qualified U.S. workers at the prevailing wage in the area of intended employment. Based on the approved Labor Certification, the Petition for a Nonimmigrant Worker with USCIS is filed, upon the approval of which, the alien might start working for the employer (if within the country) or will have to go through a consulate abroad to receive a visa.
Period of Stay
The length of the stay on an H-2 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.
Dependents
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.