If you’re a business owner facing seasonal high demand and you are unable to hire U.S. employees, then H-2 visas for temporary workers may be the answer. H-2 visas are a way to bring in h2b labor experts, foreign workers to fill those crucial short-term positions.
The H-2 visa category was created specifically to address this very issue. Congress envisioned them as a tool to help U.S. businesses hire foreign workers for jobs for which U.S. workers weren’t available.
But the process of hiring foreign employees is a notoriously complex process with detailed timing and long procedural requirements.
Don’t worry. We are here to answer your questions.
Lets first discuss
The need for labor is considered temporary if it meets the following criteria:
- One-time occurrence:
When the employer has not previously hired workers for their labor and will not need to hire them again. It covers situations where a temporary event of short duration has created the need for workers.
- Seasonal:
The need for labor or services is tied to a specific season or recurring event within the year
- Peak Load:
The employer needs to supplement their permanent staff due to seasonal or short-term demand. These temporary workers will not be part of the regular operations.
- Intermittent:
The employer does not hire workers regularly but occasionally or intermittently needs workers for short periods.
H-2 Visa Options
There are two H-2 visa options to consider based on your industry:
H-2A Visas
H-2A visas are the type of visas that are issued to agriculture-related industries that seek temporary or seasonal help. Workers can stay up to one year in the U. S., and employers may apply for an extension of their workers’ stay for up to three years. After three years, the worker must return to their home country.
H-2B Visas
H-2B visas are for various industries, and the workers are permitted to work in the U. S. for up to three years. However, workers must leave the U. S. before they can come back. However, there is an annual cap of the H-2B visas that can be issued and the workers who meet the requirements are selected by the lottery system.
H-2B Visa Process
H-2B visas are issued twice a year, in October and April. The following are the steps of the process:
- Obtain a Prevailing Wage Determination (PWD)
Employers are required to apply and obtain a PWD from the Department of Labor (DOL) first.
- File for Labor Certification:
Upon receipt of the PWD, employers can file for certification with the DOL no. earlier than 90 days before their start date of need.
- Grouping Based on Filing Date:
Once the labor certification is filed, employers are placed in groups based on their filing date:
- Group A: Employer who files earliest.
- Group B: Employees who file next.
- Group C: Employers who file last
The DOL adjudicated Group A first, followed by Groups B and C.
- File with USCIS:
The labor certification must be filed with the DOL before an employer can apply for a visa at USCIS.
Filing with USCIS and receiving a receipt notice reserves their place in line for the limited number of visas.
- Risk of Rejection:
Employers in Group B or C often must deal with rejections since visas are typically exhausted when they can file.
Congress’s aim to help U.S. employers to fill the gap in their workforce, there are significant barriers that hinder the H-2B program from fully achieving its goal.
Conclusion
Employers experience many difficulties while working with H-2 visa programs, especially if the competition for the employees is high and there are not enough Americans to work. The H-2A and H-2B visas are designed for businesses to legally hire foreign workers for temporary work to solve this problem. Aztec H2 Labor Experts provides solutions to assist the companies in navigating this process and maximize their potential in these areas.