Your H-2A & H-2B Visa FAQs
Expert answers to navigate the visa process.
What are H-2A & H-2B visas?
Visas for temporary jobs. H-2A: seasonal agricultural work. H-2B: temporary non-agricultural work (landscaping, hospitality, etc.). Both require proving a U.S. worker shortage.
Who hires H-2A workers?
U.S. employers with temporary/seasonal agricultural jobs who show:
- Temporary need.
- Not enough U.S. workers.
- No adverse effect on U.S. workers.
- Compliance with DOL rules (recruitment, wages, housing).
H-2B eligibility & cap?
For temporary non-agricultural jobs. Similar rules apply: temporary need, no U.S. workers, no adverse effect. The main hurdle is the annual cap (66,000/year, split). Demand is high, often requiring a lottery. Timely filing is key.
Typical H-2 process timeline?
Start early! Usually 75-120 days before start date. Steps include:
- Prevailing Wage (PWD)
- Labor Certification (DOL)
- U.S. Worker Recruitment
- Petition (USCIS)
- Consular Processing
We manage each step efficiently.
What costs for employers?
Costs can include:
- Govt Fees: USCIS petition, Fraud, Asylum fees (check current rates). Optional Premium Processing.
- Recruitment: Advertising costs.
- Legal Fees: Our flat fee ($3,800/app) plus minor additions.
- Worker Costs: Transport, subsistence, visa fees, H-2A housing.
We provide clear cost estimates.
Worker stay length & extensions?
Initial stay matches the certified need (up to 1 year). Extensions possible up to 3 years total with new filings. Workers must usually leave the U.S. after 3 years before returning on H-2 status.
Why choose Kershaw Law?
- Experience: 25+ years in H-2 law.
- Value: Competitive flat fee.
- Support: Dedicated assistant, attorney access.
- Advocacy: Active in protecting H-2 programs.
- Guidance: Full process support & resources.
We turn complexity into solutions.
What support is included?
More than just filing:
- Personalized Strategy
- Assigned Legal Assistant
- Attorney Consultations
- Clear Updates
- Compliance Resources
- Post-Approval Support