Temporary Worker
The H-2 Visa is a petition-based nonimmigrant temporary working visa. The H-2 visa category is further divided into H-2A and H-2B. The H-2A visa is granted to perform temporary agricultural services when there are no workers available for that job in the US. The H-2B visa is equivalent to the H-2A visa but is granted to non-agricultural workers when those services are not available in the US.
H-2 Visa - Requirements
- The job must be temporary or seasonal
- The H-2 visa cannot be issued based upon a temporary job offer for a future permanent position
- The employment is "employer specific", which means that H-2 visa holders are permitted to work in the U.S. only for their petitioning employers
- Employment cannot start until the employee enters the US
- Employers must obtain from the U.S. Department of Labor a certificate confirming the no availability of qualified U.S. citizens or residents willing to perform the corresponding services
- The applicant must demonstrate to the Immigration Service that he/she fulfills the requirements to perform the job
- An H-2 visa is granted for a term of one (1) year and can be renew it in one (1) year increments for up to three (3) years
- H-2 visas are not convertible to legal permanent residence
- You must be the recipient of a job offer from a US company to apply for an H-2 visa
H-2 Visa holder's Privileges
- Permission to legally work in the US
- May bring his/her spouse and dependents under twenty-one years of age to the US on H-4 dependent visas
- Dependents with the H-4 visa can attend US schools, colleges and universities, but cannot work
- May travel in and out of the U.S.
- May change employer without losing status (if approved)