The Kershaw Law Firm P.C.

These visas allow U.S. employers to hire foreign nationals for temporary jobs. The H-2A visa is specifically for temporary or seasonal agricultural work (like farming, livestock care). The H-2B visa is for temporary non-agricultural work (common in landscaping, hospitality, construction, forestry, etc.). Both require proving a shortage of available U.S. workers and that hiring foreign workers won't negatively impact the wages and working conditions of U.S. workers.

U.S. employers offering temporary or seasonal agricultural jobs can petition for H-2A workers. You must demonstrate:

• The job is temporary or seasonal in nature.
• There aren't enough qualified U.S. workers available.
• Employing H-2A workers won't adversely affect similarly employed U.S. workers.
• You've met specific recruitment, wage, housing, and transportation requirements set by the Department of Labor (DOL).

Employers needing temporary non-agricultural workers can use the H-2B program if they meet similar criteria: temporary need (like a peak season, one-time occurrence), insufficient U.S. workers, and no adverse effect. A major challenge is the annual numerical cap set by Congress (currently 66,000 per fiscal year, split semi-annually). Demand often exceeds supply, leading to a lottery system. Supplemental visas are sometimes released, but planning and timely filing are critical. Our firm helps clients navigate this complex process, including strategies to manage cap limitations.

The process involves multiple steps with the DOL and U.S. Citizenship and Immigration Services (USCIS), plus consular processing abroad. It's crucial to start early! A general timeline is often 75 to 120 days before the worker's start date, but this can vary. Key stages include:

• Prevailing Wage Determination (PWD) filing.
• Filing the temporary labor certification Application (ETA Form 9142A/B) with DOL.
• Advertising and recruitment of U.S. workers.
• Filing the Petition for Nonimmigrant Worker (Form I-129) with USCIS.
• Consular processing for workers abroad.

Our experienced team ensures each step is handled efficiently to meet your critical start dates.

Employers are responsible for various costs, which can include:

• Government Filing Fees: USCIS I-129 petition fee, potentially Fraud Prevention and Detection Fee, and the new Asylum Program Fee (check current USCIS fee schedule). Premium Processing is optional for faster USCIS adjudication at an additional cost.
• Recruitment Costs: Advertising expenses for U.S. worker recruitment as required by DOL.
• Legal Fees: Fees for representation, like our competitive flat fee of $3,800 per application (plus specific additions like the SEA lobbying fee and FedEx charges, as outlined in our retainer).
• Worker Costs (Employer Paid): Transportation to/from the home country, daily subsistence during travel, visa processing fees (for H-2A, often H-2B too), and housing for H-2A workers.

We provide a clear breakdown of anticipated costs during our initial consultation.

The initial visa duration matches the employer's certified temporary need, typically up to one year. Extensions are possible in increments, generally up to a maximum continuous stay of three years. A new petition and labor certification demonstrating the continued temporary need are required for extensions. After a three-year stay, workers usually must depart the U.S. for a period before being eligible for H-2 status again. We handle extensions meticulously to maintain workforce continuity.

Navigating the H-2 programs requires deep expertise. Here's why clients trust us:

• Unmatched Experience: Robert Kershaw has over 25 years dedicated to H-2A/H-2B law, representing thousands of employers nationwide. Experience prevents costly mistakes.
• Competitive & Transparent Pricing: Our $3,800 flat fee per application provides significant value, regardless of the number of workers (up to 99).
• Dedicated Support: You get an assigned legal assistant managing your case start-to-finish, plus direct access to Attorney Kershaw when needed.
• Proactive Advocacy: We actively support lobbying efforts (like SEA) to protect and improve the H-2 programs for our clients.
• Comprehensive Guidance: From initial strategy and filing to compliance advice while workers are employed, we provide support throughout the entire process. Our client seminars and handbooks keep you informed.

We turn complex regulations into successful workforce solutions.

Our representation goes beyond just filing paperwork. You receive:

• Personalized Strategy: We tailor the application approach to your specific business needs and timing.
• Assigned Legal Assistant: Your primary point of contact for updates and questions, ensuring continuity.
• Attorney Access: Schedule consultations with Robert Kershaw for complex issues or strategic advice.
• Clear Communication: We provide informative letters and updates guiding you through each stage.
• Compliance Resources: Access to our client-exclusive seminars and handbooks covering employer duties and best practices.
• Post-Approval Support: Advice on consular processing, worker arrivals, and ongoing compliance.