Understanding the eligibility, candidate requirements, and nuances of H-2A and H-2B visas opens the door to temporary employment in the United States. While these visas share many characteristics, their eligibility criteria set them apart.
To embark on an H-2B or H-2A journey, both you and your employing entity must meet specific eligibility criteria.
Workers hailing from over 70 countries are eligible for the H-2B or H-2A program. From Andorra to Singapore, candidates from these nations can participate. However, nuances exist—Moldova and Paraguay qualify for H-2A but not H-2B, while Mongolia and The Philippines are eligible for H-2A only.
Entities can dive into the H-2B or H-2A obligations by demonstrating a genuine need for temporary workers that local talent cannot fulfill.
The heart of H-2 visas lies in the temporary nature of the employment—be it a one-time occurrence, seasonal demand, peak load, or intermittent needs.
For eligibility, employment must demand a minimum of 35 hours per week, with the flexibility for employers to require additional hours. Tax forms must reflect W-2, not 1099, and hourly wages must meet federal, state, or local minimums. If the work is agricultural, H-2A is the route; for non-agricultural labor or service, H-2B steps in.
H-2A caters to roles in nurseries, fruit growing, vineyards, and more. H-2B, on the other hand, suits landscaping, construction, cooking, and manufacturing, among others.
The H-2B or H-2A stay spans up to 3 or 5 years, contingent on your country. Duration specifics can be found here. Post-expiration, a return to your home country for at least 3 months is necessary before a new H-2A or H-2B visa is possible.
While under H-2 employment, you're tethered to your H-2 employer. After the temporary job concludes, the H-2 visa remains valid for 10 days.
Extensions are possible as long as the H-2 remains valid. Whether with the same employer or a new one, extensions last up to 1 year each, contingent on proving an exceptional, temporary need.
In this journey of temporary work visas, understanding the intricacies of H-2A and H-2B is key. It's not just about eligibility; it's about unlocking the door to a temporary work adventure in the United States.
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