H2-A Visa Requirements and Eligibility

The H2A temporary agricultural program 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.

H2A Visa Eligibility:

1.) Foreign agricultural workers with job offers from U.S. companies

2.) U.S. companies hiring foreign workers to perform agricultural labor or services of a temporary or seasonal nature

Recruitment: The employer must engage in independent positive recruitment of U.S. workers. This means an active effort, including newspaper and radio advertising in areas of expected labor supply. Such recruitment must be at least equivalent to that conducted by non-H2A agricultural employers to secure U.S. workers.

Wages The wage or rate of pay must be the same for U.S. workers and H2A workers. The rate must also be at least as high as the applicable Adverse Effect Wage Rate or the applicable prevailing wage rate, whichever is higher.

Housing: The employer must provide free and approved housing to all workers who are not able to return to their residences the same day.

Meals The employer must either provide three meals a day to each worker or furnish free and convenient cooking and kitchen facilities for workers to prepare their own meals. If meals are provided, then the employer may charge each worker a certain amount per day for the three meals.

Transportation: The employer is responsible for the following different types of transportation of workers:

• After a worker has completed 50 per cent of the work contract period, the employer must reimburse the worker for the cost of transportation and subsistence from the place of recruitment to the place of work.
• The employer must provide free transportation between any required housing site and the worksite for any worker who is eligible for such housing.
• Upon completion of the work contract, the employer must pay return transportation or transportation to the next job

Workers Compensation Insurance: The employer must provide Workers’ Compensation or equivalent insurance for all workers. Proof of insurance.

Tools and Supplies: The employer must furnish at no cost to the seasonal agricultural workers all tools and supplies necessary to carry out the work, unless it is common practice for the workers to provide certain items.

Three-fourths Guarantee: The employer must guarantee to offer each worker employment for at least three-fourths of the workdays in the work contract period and any extensions.

Fifty Percent Rule: The employer must employ any qualified U.S. worker who applies for a job until 50 per cent of the contract period has elapsed.

Labor Dispute: The employer must assure that the job opportunity for which the employer is requesting H2A certification is not vacant due to a strike or lockout.

Certification Fee: A fee will be charged to an employer granted temporary alien agricultural labor certification.

H2B Visa Requirements and Eligibility

The H2B nonimmigrant visa program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent. There is a 66,000 per year limit on the number of foreign workers who may receive H2B status during each USCIS fiscal year.

H2B Visa Eligibility:

1.) Foreign athletes, trainers or artists with a job offer from a U.S. employer

2.) Skilled workers in crafts and trades who are able to perform tasks for which no U.S. workers are available

3.) U.S. companies hiring foreign nationals to perform temporary work for which no U.S. workers are available

Recruitment: The employer must engage in independent positive recruitment of U.S. workers. This means an active effort, including newspaper and radio advertising in areas of expected labor supply. Such recruitment must be at least equivalent to that conducted by non-H2A agricultural employers to secure U.S. workers.

Wages The wage or rate of pay must be the same for U.S. workers and H2A workers. The rate must also be at least as high as the applicable Adverse Effect Wage Rate or the applicable prevailing wage rate, whichever is higher.

Housing: The employer are not qualified to provide free and approved housing to all workers.

Meals The employer must provide either three meals a day to each worker or furnish free and convenient cooking and kitchen facilities for workers to prepare their own meals. If meals are provided, then the employer may charge each worker a certain amount per day for the three meals.

Transportation: The employer is responsible for the following different types of transportation of workers:

• After a worker has completed 50 per cent of the work contract period, the employer must reimburse the worker for the cost of transportation and subsistence from the place of recruitment to the place of work.
• The employer must provide free transportation between any required housing site and the worksite for any worker who is eligible for such housing.
• Upon completion of the work contract, the employer must pay return transportation or transportation to the next job.

Workers Compensation Insurance: The employer must provide Workers’ Compensation or equivalent insurance for all workers. Proof of insurance.

Tools and Supplies: The employer must furnish at no cost to the seasonal agricultural workers all tools and supplies necessary to carry out the work, unless it is common practice for the workers to provide certain items.

Three-fourths Guarantee: The employer must guarantee to offer each worker employment for at least three-fourths of the workdays in the work contract period and any extensions.

Fifty Percent Rule: The employer must employ any qualified U.S. worker who applies for a job until 50 per cent of the contract period has elapsed.

EB-3 Visa Program (Employment Based Third Preference)

The EB-3 program is a longstanding solution to the labor shortages that wave some industries. The application process lasts approximately 15 to 24 months. Choosing this solution provides companies with a more stabilized workforce and a constant stream of reliable applicants.

Benefits of the EB-3 Program

Our clients are extremely satisfied with this program because of the following benefits:

1.) Year-round employees – EB-3 provides you with a pool of workers available all year (they do not need to return to their home countries), because their status is permanent for up to 10 years.

2.) Highly qualified – We only accept the top 5% of workers that apply to the program. You can be confident that you are getting only the best of the best.

3.) Company loyalty – International workers feel an immense sense of gratitude for the opportunities that company sponsorship provides, motivating them to do their best every day that they are on the job.