Nonimmigrant visa

Nonimmigrant visa

Temporary Agricultural Workers

Temporary Non-Agricultural Workers

Agricultural workers, Seasonal farm workers, Horticultural employees, Forestry workers, Dairy farm workers, Orchard workers

Landscapers, Hospitality workers, Construction workers, Technicians, Retail staff

• The employment must be of a temporary or seasonal nature.

• Employers must prove there are no available U.S. workers who are willing, qualified, and able to perform the temporary work.

• Employers must certify that hiring H-2A workers will not adversely impact the wages and working conditions of similarly employed U.S. workers.

• Employers must demonstrate a temporary need, which is limited to up to three years for a one-time need or 10 months for seasonal, peak load, or intermittent needs.

• Employers must provide evidence that there are no U.S. workers who are willing, qualified, and able to perform the temporary work.

• Employers must certify that hiring H-2B workers will not negatively impact the wages and working conditions of similarly employed U.S. workers.

• Provides a legal pathway for foreign agricultural workers to work in the U.S.

• Addresses critical labor shortages in the agricultural sector.

• Allows for seasonal employment flexibility, matching crop harvest cycles.

• Does not focus on individual credentials, making it accessible to a wide range of applicants.

• Allows U.S. employers to address temporary labor shortages in non-agricultural sectors.

• Flexible in meeting seasonal, peak load, and intermittent labor needs.

• Limited exclusively to agricultural work and subject to seasonal demands.

• No pathway to permanent residency or long-term employment.

• Spouses and dependents do not receive work authorization.

• Employers must undergo a rigorous certification process.

• Requires employer sponsorship and a specific job offer.

• Subject to semi-annual quotas and a rigid lottery-based application process.

• Employers must undergo a rigorous certification process to prove the unavailability of U.S. workers.

• Spouses and dependents do not receive work authorization.

Required

Required

Duration of labor certification, up to 1 year, renewable twice in 1-year increments for a total of 3 years.

Duration of labor certification, up to 1 year, renewable for a total of up to 3 years

Twice in 1-year increments for a total of 3 years.

Renewable up to 3 years

1-3 months¹

5-6 months

15 business days

15 business days

No

No

¹Varies based on processing center workload and employer need; fee applicability uncertain.

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