I. SUMMARY
II. WHAT IS H-2 STATUS?
III. WHAT QUALIFIES FOR H-2 VISA?
IV. WHAT FORMS DO I USE TO APPLY?
V. FAMILY MEMBERS
VI. FEES TO INS/CONSULATE
VII. PROCEDURE
These are temporary worker visas. There two types of H-2 Visas: an H-2A Visa which applies to aliens coming temporarily to engage in temporary or seasonal agricultural employment, and an H-2B Visa which applies to aliens coming temporarily to engage in non-agricultural employment that is seasonal, intermittent, to meet a peak load need, or a one-time occurrence.
It is a non-immigrant visa that allows you to work temporarily for a U.S. Employer. Upon expiration of your non-immigrant visa you must leave the country.
III. WHO QUALIFIES FOR H-2 VISA?
A. An H-2A Visa is for an alien coming temporarily to engage in temporary or seasonal agricultural employment.
B. An H-2B Visa is for an alien coming temporarily to engage in non-agricultural employment that is seasonal, intermittent, to meet a peak load need, or a one-time occurrence.
IV. WHAT FORMS DO I USE TO APPLY?
H-2A Visa:
A. FORM I-129: The petition must be filed by a U.S. employer or an association of U.S. agricultural producers named as a joint employer on the certification.
B. Temporary Agricultural Labor Certification or copy of the U.S. Department of Labor’s Denial of a Certification and Appeal and evidence showing that qualified domestic labor is unavailable.
C. Evidence showing that each named alien met the minimum job requirements stated in the certification at the time the application was filed.
H-2B Visa:
FORM I-129: The petition must be filed by a U.S. employer with either:
a. A temporary labor certification from the U.S. Department of Labor, or the Governor of Guam if the proposed employment is solely in Guam, stating that qualified U.S. workers are not available and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers; or
b. A notice from such authority that the temporary labor certification cannot be made, along with evidence of the unavailability of U.S. workers and of the prevailing wage rate for the occupation in the United States, and evidence overcoming each reason why the certification was not granted; and
c. Copies of evidence, such as employment letters and training certificates, showing that each named alien met the minimum job requirements stated in the certification at the time the application was filed.
Your spouse and unmarried children under 21 are admitted under the same classification as you are.
Form I-129 (Filing Fee Click here)
Fraud Prevention Fee
Approval of Form I-129, Non-immigrant Petition for Alien Worker:
Your employer must file an I-129 Petition together with the Temporary Labor Certification and the supporting evidence.
Change of Status/Consulate Processing:
If the applicant is already in the United States, he or she can remain and work in the U.S. provided that a change of status has been requested and granted by the USCIS. If the applicant is outside the United States he or she must apply for a non-immigrant visa at his or her local U.S. consulate office.
Last Updated on Thursday, 15 September 2011 15:28