Seasonal worker visa

H-2A visas enable foreign workers to enter the United States for seasonal, or temporary, agricultural work, when there is a shortage of domestic workers. This type of work visa is obtained by employers for individuals who will be working in the United States. Before seeking H2-A visas for foreign workers, employers must actively recruit American workers and agree to give preference to American workers over foreign workers.

When an H2-A visa is obtained, it is valid for a year. Foreign workers employed under H2-A visas are mandated by law to receive the same workers' rights as American workers, including workers' compensation insurancefair pay, housing, and transportation.

Who May Qualify for H-2B Classification?

Each extension, however, requires a new temporary labor certification. Family members are not eligible for employment in the United States while in H-4 status. The information contained in this article is not legal advice and is not a substitute for such advice.

Job Searching Basics. Full Bio Follow Linkedin. Follow Twitter. Alison Doyle is the job search expert for The Balance Careers, and one of the industry's most highly-regarded job search and career experts. Read The Balance's editorial policies. Article Table of Contents Skip to section Expand. Temporary Agricultural Work Visas. H-2A Visa Requirements. Process for Applying for a Visa. Authorized Period of Stay. H-2A Dependents.

Article Sources. Continue Reading.Many aliens want to come to the United States to work. This page provides a summary of employment-based nonimmigrant and immigrant visa classifications and other categories of aliens who are eligible for employment authorization.

Each classification provides a link to more detailed information on its requirements. A common way to work temporarily in the United States as a nonimmigrant is for a prospective employer to file a petition with USCIS on your behalf. The Temporary Nonimmigrant Workers webpage describes the main nonimmigrant temporary worker classifications. The Permanent Workers webpage describes the five employment-based immigrant visa preferences also called categories.

If you live outside the United States and want to work here, you generally must apply for a visa from the U. Department of State DOSunless a visa is not required for people from your country of nationality.

Before entering the United States, you must present yourself to a U. If you are in the United States in a lawful nonimmigrant status that does not provide employment authorization, you generally may apply for:. Depending on the classification you seek, your change or adjustment of status application might require a U.

However, if you apply based on certain classifications for example, an alien with extraordinary ability or as a nonimmigrant E-1 or E-2 principal treaty trader or investoryou may be eligible to self-petition, which means filing an application on your own behalf.

Additionally, if you are in the United States, including if you are an applicant for permanent residence or a certain family member of an alien who has lawful nonimmigrant status, you may file Form I, Application for Employment Authorizationto request employment authorization and an Employment Authorization Document EAD. You may also apply for an EAD that shows such authorization if your immigration status authorizes you to work in the United States without restrictions.

The conditions you must meet and how long you can work in the United States depend on the type of immigration status the Department of Homeland Security DHS grants. You must comply with all conditions of your employment authorization and the terms of your admission to this country. If you violate any of the conditions, you could be removed from or denied re-entry into the United States.

If you are in the United States in a lawful nonimmigrant status that does not provide employment authorization, you generally may apply for: A change of status to a nonimmigrant classification that provides employment authorization; or An adjustment of status to become a lawful permanent resident.

This may be a concurrent filing with an immigrant visa petition or, depending on the circumstances, may require an applicant to obtain an approved immigrant visa before applying for an adjustment of status to become a lawful permanent resident. Find more information about the filing requirements for nonimmigrant visa classifications. If you want to immigrate to the United States based on your job skills, read more information on the five employment-based immigrant visa preferences.

If you want to pursue full-time academic or vocational studies in the United States, you may be eligible for one of two nonimmigrant student categories. If you want to visit the United States for business, you need to obtain a temporary visitor for business visa.

Read more information on eligibility and the application process.On May 14,the Department of Homeland Security published a temporary final rule to change certain H-2B requirements to help secure the U. Under this temporary final rule, an H-2B petitioner with an approved temporary labor certification can start employing H-2B workers already in the United States for positions essential to the U.

Additionally, DHS is temporarily amending its regulations to allow certain H-2B workers to stay beyond the three-year maximum allowable period of stay in the United States. To take advantage of this time-limited change in regulatory requirements, the H-2B workers must be in the United States and in valid H-2B status on or after March 1, In addition to H-2B petitioners who file their petitions on or after May 14,the temporary final rule allows certain H-2B employers and U.

The temporary final rule is effective immediately upon publication in the Federal Register. H-2B employers and U. Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is:. H-2B petitioners must also provide a single valid temporary labor certification from the U.

There is a statutory numerical limit, or "cap," on the total number of aliens who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year.

Seasonal Farm Worker Required in Canada

Currently, Congress has set the H-2B cap at 66, per fiscal year, with 33, for workers who begin employment in the first half of the fiscal year October 1 - March 31 and 33, for workers who begin employment in the second half of the fiscal year April 1 - September Any unused numbers from the first half of the fiscal year will be available for employers seeking to hire H-2B workers during the second half of the fiscal year.

However, unused H-2B numbers from one fiscal year do not carry over into the next.

U.S. Visas

Anyone including American workers and H-2B workers who suspect they or others may be the victim of H-2B fraud or abuse can send us tips, alleged violations, and other relevant information about potential fraud or abuse using our online tip form. Except as noted below, H-2B petitions may only be approved for nationals of countries that the secretary of Homeland Security has designated, with the concurrence of the Office of the Secretary of State, as eligible to participate in the H-2B program.

Designation of eligible countries is valid for one year from publication. Effective Jan. A national from a country not on the list may only be the beneficiary of an approved H-2B petition if the secretary of Homeland Security determines that it is in the U. See 8 CFR The secretary of Homeland Security may consider adding a country to the Eligible Country List upon receiving a recommendation from the U.

Temporary Worker - Seasonal Worker Visa (Tier 5)

Department of State or a written request from an unlisted foreign government, an employer that would like to hire nationals of an unlisted country in H-2A status, or another interested party or parties. When designating countries to include on the list, the secretary of Homeland Security, with the concurrence of the Office of the Secretary of State, will take into account factors that include the following:. Country listings are valid for one year. DHS may add a country to the Eligible Country List at any time if the secretary of Homeland Security determines that the country is eligible.

Filing one petition for workers from eligible countries and a separate petition for workers from non-eligible countries may help decrease delays in processing your request for H-2B workers.

H-2B classification may be extended for qualifying employment in increments of up to 1 year each. A new, valid temporary labor certification covering the requested time must accompany each extension request. The maximum period of stay in H-2B classification is 3 years.

Additionally, previous time spent in other H or L classifications counts toward total H-2B time. Exception : Certain periods of time spent outside of the United States may "interrupt" an H-2B worker's authorized stay and not count toward the 3-year limit.

seasonal worker visa

Although not required, email notification is strongly recommended to ensure timely notification. Box Laguna Niguel, CA — A petitioner, agent, facilitator, recruiter, or similar employment service is prohibited from collecting a job placement fee or other compensation either direct or indirect at any time from an alien H-2B worker as a condition of employment. To qualify for H-2B nonimmigrant classification, the petitioner must establish that: There are not enough U.

Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U. Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is: Unpredictable; Subject to change; or Considered a vacation period for your permanent employees.

OR Peakload need — A petitioner claiming a peakload need must show that it: Regularly employs permanent workers to perform the services or labor at the place of employment; Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and The temporary additions to staff will not become part of the employer's regular operation.Are you a foreign national interested in employment in the U.

The type of visa you may be eligible for will depend on the type of work you do, whether you have a relationship with an employer, and, in some cases, your country of origin. There are some exemptions, and workers currently in the U. What's a U. A visa is a document that provides authorization for travel to and admittance to the United States.

Before visiting, working, or immigrating to the U. The visa provides entry to the U. Having a visa does not guarantee entry to the U. However, it does indicate a consular officer at a U.

It is possible to become a permanent resident Green Card holder of the United States through a job or offer of employment. However, some categories require a certification from the U.

Who May Qualify for H-2A Classification?

Department of Labor to show that there are not enough U. The annual green card lottery program Diversity Immigrant Visa Program is an opportunity for potential immigrants to obtain the status as a permanent legal resident of the U. Applicants must apply far in advance of the actual date when they would like to enter the country.

These visas allow visitors to experience life in the U. H-2B visas are generally used for jobs that are temporary, though not agricultural—for example, jobs at ski mountains, hotels, beach resorts, or amusement parks. Citizenship and Immigration Services.

seasonal worker visa

To apply, you must have an employee-employer relationship, work in a specific in-demand specialty occupation, and be paid above the prevailing wage for that job. Seasonal Agricultural Worker H2-A visas are available to foreign agricultural workers to work in the United States on a seasonal or temporary basis, provided there is a shortage of domestic workers. Visas are limited to three years and immigrants must originate from a country on the selected countries list.

The document provides proof to employers that you are legally permitted to work in the U. The information contained in this article is not legal advice and is not a substitute for such advice.

Labor Market Following the Coronavirus Outbreak. Homeland Security. Accessed June 23, Citizen and Immigration Services. Department of State. Job Searching Basics. Full Bio Follow Linkedin. Follow Twitter. Alison Doyle is the job search expert for The Balance Careers, and one of the industry's most highly-regarded job search and career experts. Read The Balance's editorial policies. Work Visas Requirements. Green Cards.Use our online system to apply for selected visas or check visa details.

Log in here to apply for a visa as a dependent child. If you do not have an account, you can create one here. Log in here to apply for a visa as a partner. To submit an expression of interest, you will first need to create an account. Once you have done this, you can then log in and submit an EOI. You can also use your log in to check the status of your EOI.

Log in here to apply online for your Student visa. If you are a current visa holder and provide your details to a third-party such as a bankthey can use this information to verify your visa using the Visa Verification Service.

Read this information before you login. View our detailed guides for VisaView. VisaView allows New Zealand employers to check the details of a worker's current visa. Log in here to apply for your Visitor visa.

Once you have done this, you can then log in and apply. You can also use your log in to check your application status. Skip to main content Skip to top level navigation Skip to section navigation Skip to footer.

Immigration New Zealand. Login Search Menu. Our online systems Use our online system to apply for selected visas or check visa details. Child visa Log in here to apply for a visa as a dependent child. What is RealMe? Partner visa Log in here to apply for a visa as a partner. Student visa Log in here to apply online for your Student visa. Visa Verification Service If you are a current visa holder and provide your details to a third-party such as a bankthey can use this information to verify your visa using the Visa Verification Service.

VisaView for employers VisaView allows New Zealand employers to check the details of a worker's current visa. Visitor visa Log in here to apply for your Visitor visa. Child visa.

You can request an NZeTA using our online web form. Partner visa. Student visa.Other Visa Categories. Visa: Reciprocity and Civil Documents by Country. Temporary Worker Visas. Effective February 19,any person seeking to enter the United States to perform temporary agricultural work now must present a valid passport and a valid H-2A visa in order to be admitted to the United States.

This includes British, French, and Netherlands nationals and nationals of Barbados, Grenada, Jamaica, or Trinidad and Tobago who were previously exempt from this requirement.

This visa requirement also extends to any spouse or child who may wish to accompany or follow the H-2A agricultural worker to the United States. Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite.

Each of these visas requires the prospective employer to first file a petition with U. An approved petition is required to apply for a work visa. Requires a higher education degree or its equivalent. Includes fashion models of distinguished merit and ability and government-to-government research and development, or co-production projects administered by the Department of Defense.

Requires a post-secondary degree involving at least four years of study in the field of specialization. Note: This is not a petition-based visa. For application procedures, please refer to the website for the U. Embassy in Chile or the U. Embassy in Singapore. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.

L: Intracompany Transferee To work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity, or in a position requiring specialized knowledge. Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years.

O: Individual with Extraordinary Ability or Achievement For persons with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or extraordinary recognized achievements in the motion picture and television fields, demonstrated by sustained national or international acclaim, to work in their field of expertise. Includes persons providing essential services in support of the above individual.

P Individual or Team Athlete, or Member of an Entertainment Group To perform at a specific athletic competition as an athlete or as a member of an entertainment group. Requires an internationally recognized level of sustained performance. P Artist or Entertainer Individual or Group For performance under a reciprocal exchange program between an organization in the United States and an organization in another country. P Artist or Entertainer Individual or Group To perform, teach or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation.

Q Participant in an International Cultural Exchange Program For practical training and employment and for sharing of the history, culture, and traditions of your home country through participation in an international cultural exchange program.Update: On Aug.

In the new rule, DHS extended the provision that temporarily allows all H-2A petitioners with a valid temporary labor certification TLC to start employing certain foreign workers who are currently in the United States and in valid H-2A status.

seasonal worker visa

DHS will apply this temporary final rule to H-2A petitions requesting an extension of stay, if they were received on or after Aug. The H-2A program allows U. Except as noted below, H-2A petitions may only be approved for nationals of countries that the secretary of Homeland Security has designated, with the concurrence of the Office of the Secretary of State, as eligible to participate in the H-2A program.

Designation of eligible countries is valid for one year from publication. Effective Jan. See 8 CFR The secretary of Homeland Security may consider adding a country to the Eligible Country List upon receiving a recommendation from the U.

Department of State or a written request from an unlisted foreign government, an employer that would like to hire nationals of an unlisted country in H-2A status, or another interested party or parties. When designating countries to include on the list, the secretary of Homeland Security, with the concurrence of the Office of the Secretary of State, will take into account factors that include the following:. Country listings are valid for one year. DHS may add a country to the Eligible Country List whenever the secretary of Homeland Security determines that the country is eligible.

A national from a country not on the list may only be the beneficiary of an approved H-2A petition if the secretary of Homeland Security determines that it is in the U. Filing one petition for workers from eligible countries and a separate petition for workers from non-eligible countries may help decrease delays in processing your request for H-2A workers. H-2A classification may be extended for qualifying employment in increments of up to 1 year each.

A new, valid temporary labor certification covering the requested time must accompany each extension request. The maximum period of stay in H-2A classification is 3 years.

A person who has held H-2A nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant. Additionally, previous time spent in other H or L classifications counts toward total H-2A time.

Family members are not eligible for employment in the United States while in H-4 status. Email or mail your notification to the California Service Center at the following addresses.

Although not required, email notification is strongly recommended to ensure timely notification. By email: CSC-X.

H-2AAbs dhs. Box Laguna Niguel, CA — A petitioner, agent, facilitator, recruiter, or similar employment service is prohibited from collecting a job placement fee or other compensation either direct or indirect at any time from an H-2A worker as a condition of employment. This narrow exception does not apply, however, where a petitioner knew or should have known at the time of filing of its H-2A petition that the prospective worker had paid or agreed to pay such recruitment-related fees to any such persons or entities.

OMB Control Number You can check the status of your case using Case Status Online. Note: We can only provide case-specific information to authorized individuals for example, petitioners and attorneys of record.