These visas allow U.S. employers to hire foreign nationals for temporary jobs. The H-2A visa is for temporary or seasonal agricultural work. The H-2B visa is for temporary non-agricultural work (e.g., landscaping, construction, hospitality, forestry). Both programs require employers to demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.

U.S. employers (or U.S. agricultural associations acting as joint employers) who anticipate a shortage of domestic workers for temporary or seasonal agricultural jobs can petition for H-2A workers. Key requirements include:

• Demonstrating the need for workers is temporary or seasonal.
• Showing insufficient U.S. workers are available.
• Ensuring employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
• Complying with Department of Labor (DOL) regulations regarding recruitment, wages, housing, transportation, and other conditions.

The H-2B visa is for temporary non-agricultural jobs. Similar to H-2A, employers must prove a temporary need (like a one-time occurrence, seasonal need, peak-load need, or intermittent need) and that U.S. workers are not available. A significant factor for H-2B is the statutory annual cap (e.g., 66,000 visas per fiscal year in recent years, often split semi-annually, though this number can be supplemented by Congress). Demand for H-2B visas consistently exceeds the cap, often resulting in a lottery system. Timely and accurate filing is critical.

Starting early is crucial. General timelines are:

For H-2A visas: Employers should ideally begin the process at least 75 days (but no fewer than 60 days) before the workers' intended start date. Delays can occur, so more lead time is always better.

For H-2B visas: Due to the cap and high demand, employers should start preparations **6 to 9 months** (or even earlier) before the employment start date. This allows time for strategic planning around cap subjection periods.

Key steps in both processes typically include:

• Filing for a Prevailing Wage Determination (PWD) with the DOL.
• Submitting a temporary labor certification application to the DOL.
• Conducting recruitment for U.S. workers as directed by DOL.
• Once labor certification is granted, filing a petition with U.S. Citizenship and Immigration Services (USCIS).
• Workers then applying for visas at a U.S. consulate abroad (Consular Processing).

The Kershaw Law Firm P.C. meticulously manages each step to optimize for efficiency and compliance.

Employer costs can vary based on the program and specific circumstances, but generally include:

• Government Filing Fees: Fees payable to USCIS for the petition (e.g., I-129 petition fee), potential Fraud Prevention and Detection Fee, and potentially an Asylum Program Fee. Employers should always check the current USCIS fee schedule. Optional Premium Processing significantly increases government fees but offers expedited adjudication.
• Recruitment Costs: Expenses associated with advertising job opportunities to U.S. workers as required by DOL.
• Legal Fees: The Kershaw Law Firm P.C. typically offers a flat fee structure for standard H-2 petitions (for example, around $3,800 per application as of early 2024, but this is subject to change, complexity, and review for May 2025). Additional fees may apply for complex cases or supplementary services. We provide transparent cost estimates upfront.
• Worker-Related Costs:
  • Both H-2A & H-2B: Inbound and outbound transportation and subsistence costs for workers if they complete a certain portion of the contract.
  • H-2A Specific: Providing housing at no cost to H-2A workers and daily subsistence.
  • Employers generally cover the workers' visa application fees and related costs.

We provide a detailed breakdown of anticipated costs during your consultation.

The initial period of stay granted to an H-2 worker matches the employer's certified temporary need, typically up to one year. Extensions of stay are possible in increments, generally allowing a worker to remain in H-2A or H-2B status for a maximum continuous period of up to 3 years. Each extension requires a new temporary labor certification and petition. After reaching the 3-year maximum, workers must usually depart the U.S. for an uninterrupted period (typically 3 months) before being eligible to return under H-2 status.

Choosing the right legal partner is critical for H-2 visa success. We offer:

• Specialized Expertise: Over 25 years of dedicated experience (as of May 2025) focused specifically on H-2A and H-2B immigration law.
• Transparent Value: Competitive and clear flat-fee structures for most H-2 petitions.
• Personalized Support: Each client is assigned a dedicated legal assistant, with direct access to experienced attorneys.
• Proactive Advocacy: We are actively involved in industry associations and advocacy efforts to protect and improve the H-2 programs.
• Comprehensive Guidance: We support you through the entire lifecycle, from initial strategy to post-approval compliance.

We are committed to transforming complex immigration challenges into successful workforce solutions for your business.

Our H-2 visa services extend far beyond just filing paperwork. We provide comprehensive support, including:

• Initial Strategy Session: Thorough evaluation of your needs and eligibility.
• Dedicated Case Management: An assigned legal assistant as your primary point of contact.
• Attorney Consultation: Access to experienced attorneys for complex issues and strategic advice.
• Meticulous Preparation: Careful drafting and review of all applications and supporting documents.
• Regular Updates: Proactive communication on case progress.
• Compliance Resources: Guidance on DOL and USCIS regulations to maintain program integrity.
• Post-Approval Support: Assistance with consular processing guidance and arrival coordination.