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Practice Areas > Temporary Work in USA
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H-2A Agricultural Worker
The H-2A program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs for which U.S. workers are not available. H-2A nonimmigrant classification applies to aliens seeking to perform agricultural labor or services of a temporary or seasonal nature in the United States on a temporary basis. A U.S. employer (or an association of U.S. agricultural producers named as a joint employer) must file a Petition for Nonimmigrant Worker on a prospective worker's behalf.
To qualify for H-2A nonimmigrant classification:
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The job offered must be of a temporaryor seasonal nature |
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The employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work |
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The employer must show that the employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers |
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Generally, a single, valid temporary labor certification from the U.S. Department of Labor must be submitted withthe H-2A petition. (A limited exception to this requirement exists incertain "emergent circumstances."
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H-2B Non-Agricultural Temporary Worker
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The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals of designated countries to the United States to fill temporary nonagricultural jobs. A U.S. employer must file a Form Petition for Nonimmigrant Worker with USCIS on a prospective worker's behalf. This category is also subject to anannual cap, i.e limits the number of persons that may be granted this classification in any fiscal year.
To qualify for H-2B nonimmigrant classification:
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The employer must establish that its need for the prospective worker's services or labor is temporary, regardless of whether the underlying job can be described as permanent or temporary. The employer's need is considered temporary if it is a one-time occurrence, a seasonal need, a peak-load need, or an intermittent need |
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The employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work |
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The employer must show that the employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers |
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Generally, a single, valid temporary labor certification from the U.S. Department of Labor (DOL), or, in the case where the workers will be employed on Guam, from the Governor of Guam, must be submitted with the H-2B petition. (Exception: an employer is not required to submit a temporary labor certification with its petition if it is requesting H-2B employment in a position for which the DOL does not require the filing of a temporary labor certification application) | |
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