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)

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