H-2A Non-permanent Agricultural Employees for the US
It is a non-immigrant visa to support non-permanent or occasional agricultural employees who come to the US to join the farming section. Non-Permanent farming employees are the one who complete work that will not take more than one year to completes. On the other hand, occasional farming employees are those who finish particular occasional labour. There is no limit on the number of the H-2 visas permitted.
There are chances that your application for the H-2 visa is not accepted. The application will not be accepted in the following cases:
* The boss has earlier breached the conditions of H-2 visa.
* The boss did not file the office work appropriately.
* There are sufficient US employees who can finish the labour.
* The boss is not able to meet the condition of the safety of the worker.
* The boss did not try to engage/hire US employees.
H-2 Visa can also be changed into other kinds of visa, if you get a job and for that the new visa is mandatory. For this, your new boss needs to abide by relevant steps to acquire that visa.
The Nature of the work finished by the visa holder varies so processing time to complete the application also varies. Generally, the boss will file the office work at a minimum of sixty days and not more than one hundred and twenty days before they want the employee to begin the work.
H-2B Visas
H-2B Visa is for those individuals who wish to come to the United States for a temporary job which is not related to agriculture. it is mainly a work permit for temporary jobs. It is for skillful and manual employees.
The boss/employer needs to show that work is not permanent. According to law, temporary work should not be for more than one year. According to the new regulation, there is an exception up to the extent of 3 years for one-time happening (for example hurricane Katrina).
The work needs to be temporary type like:
Occasional work for example landscape labourers, deckhands on rare fishing boats, construction employees in the north area of the United States, Ski instructors.
Tidy up workers after a crucial storm, correlating an organization’s shifting of main corporate offices. This kind of work is mainly for one time.
When there is a load of work, for example, clerical workers related to sales during the Christmas vacations.
During ice storms or phone book distributors for example repairing of the damage by electrical linemen.
In order to qualify for H-2B Visa–One need to show the INS that your employment in the US is not permanent or occasional and is not related to agriculture. The kind of employment that you are going to do you need acceptable background for that as well.[NN1]
The US boss/employer requires an international employee on a temporary basis, which means that the time period of employment should be one year or less than one year. The employment is related to a particular project that requires the help of international employees and can be finished in the limited time.
Example of H-2B jobs are as follows:
* Job related to consulting
* Short -term project management
* Job is related to providing training.
Validity time period of H-2 visa is at most three years. Once the visa is expired, it cannot be extended, and the H-2B Visa holder cannot be readmitted to the US.
The H-2B Visa is given in 1-year increments with an optional 1-year extension period permitted until the full 3-year of H-2B Visa eligibility has been arrived.
Temporary labor certification
In order to qualify for an H-2B Visa you should convince the United States government that there are no eligible US residents who can acquire the position provided by a United States boss/employer. For this application needs to be filled to the INS and Department of Labor.
The Department of Labor wants the United States, boss/employer, to publicize the position to US residents/workers. Once the employer is unable to search eligible United States employee from its publicity attempt, then the temporary labor certification will be approved and only then it will be feasible for successful H-2B Visa application.
After the labor certification has been approved by the Department of labor, the United States employer need to file a 1-129 appeal for non-immigrant employee with an INS service center with authority over the position of the job.
Once the INS approve the appeal, the international employee can appeal for the visa at the United States consulate of the visa holder’s own country. In case an international employee is in the United States, then the visa holder may apply in the United States under certain circumstances.
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