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
Start H-2 Process