H-2A & H-2B Temporary Programs
H-2A and H-2B are temporary programs allowing different types of foreigners workers for a limited amount of time in the U.S.: the H-1A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs, and the H-2B program allows agents to fill temporary nonagricultural jobs.
H-2A and H-2B nonimmigrant visas are granted to citizens from lists of countries edited by the Department of State, seeking entry in the U.S. to work on a temporary basis.
In both cases, the U.S. employer will have to file an application for temporary labor certification application with the U.S. Department of Labor (DOL). Upon validation by the DOL, the U.S. employer will have to file for a Petition for Alien worker on the temporary worker’s behalf.
The period of stay can be extended upon filing by the U.S. employer, but the total duration of stay under the H- 2A or H-2B visas cannot exceed 3 years.
The H-2B nonimmigrant Visas are subject to a statutory numerical limit, or “cap,” which limits the total number of individuals who may receive H-2B nonimmigrant classification during a fiscal year.
H-2A & H-2B Visa Requirements
To qualify for an H-2A or an H-2B nonimmigrant classifications, the petitioner must establish
- There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
- The employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
- Its need for the prospective worker’s services or labor is temporary
H-3 Trainee or Special Education Exchange Visitor
The H-3 nonimmigrant Trainee Visa allows individuals to pursue training in the U.S. that is not available in one’s country, except for medical training.
The considered fields include but are not limited to: agriculture, commerce, finance, communications, transportation, government.
The H-3 visa can be granted for a maximum period of 2 years, and the H-3 Visa holder cannot seek to enter the U.S. under another H visa, or and L visa for the six months following the expiration of his/her status.
H-3 Visa Requirements
In order to obtain an H-3 nonimmigrant Trainee visa, the U.S. employer or organization must demonstrate that:
- The proposed training is not available in the foreign national’s native country;
- The foreign national will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident workers are regularly employed;
- The foreign national will not engage in productive employment unless such employment is incidental and necessary to the training; and
- The training will benefit the beneficiary in pursuing a career outside the United
The H-3 Special Exchange Visitor nonimmigrant Visa must be filed by a “facility which has professionally trained staff and a structured program for providing education to children with disabilities, and for providing training and hands-on experience to participants in the special education exchange visitor program.”
This H-3 Special Exchange Visitor Program Visa is subject to a numerical Cap: no more than 50 may be approved in a fiscal year.
Q-Visa for Cultural Exchange
The Q nonimmigrant visa for Cultural exchanges are granted to the foreign individuals who “are seeking to participate in an international cultural exchange program”. The cultural exchange program has to be “for the purpose of providing practical training and employment, and to share the history, culture, and traditions of your home country with the United States”.
Our Board Certified Immigration Attorneys are Here to Help
If you are considering applying for an H2, H3 or a Q Visa contact our Immigration Attorneys today. Suzanne Vazquez and Maud Poudat, are certified as experts in Immigration Law by the Florida Bar and have helped many clients in the past with their immigration needs. We can be reached during office hours at (407) 674-6968. You can also fill out our online form located at the top of this page and we will contact you shortly.