H-2A Temporary Agricultural Workers

The H-2A program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs for which U.S. workers are not available.  Generally, H-2A visas are issued for a maximum of 1 year, with possible extensions in increments of up to 1 year. The maximum period of stay in H-2A classification is 3 years.  An individual who has held H-2A nonimmigrant status for a total of 3 years is required to depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant.  Any spouse and unmarried children under 21 years of age of an H-2A worker may seek admission in H-4 nonimmigrant classification.  Family members in H-4 nonimmigrant classification may not engage in employment in the United States.

H-2B Temporary Non-Agricultural Workers

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs.  There is a statutory numerical limit, or “cap,” on the total number aliens who may be provided H-2B nonimmigrant  classification during a fiscal year (October 1 - September 30).  Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap.  Generally, H-2B visas are issued for a maximum period of 1 year.   H-2B classification may be extended for qualifying employment in increments of up to 1 year. The maximum period of stay in H-2B classification is 3 years.  An individual who has held H-2B nonimmigrant status for a total of 3 years is required to depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2B nonimmigrant.  Any spouse and unmarried children under 21 years of age of an H-2B worker may seek admission in H-4 nonimmigrant classification.  Family members in H-4 nonimmigrant classification may not engage in employment in the United States.

Effective Jan. 18, 2011, nationals from the following countries are eligible to participate in the H-2A and H-2B programs:  Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu.  Of these countries, the following were designated for the first time this year:  Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.