H-2 Temporary Worker Visa
Description
The H-2
visa allows a worker to enter the U.S. and work for a temporary time period.
The visa category is divided into two groups: H-2A, which is for temporary
agricultural workers, and H-2B, which is for temporary nonagricultural workers.
Advantages
Permission to Work in U.S.
H-2 visa holders are permitted to work in the U.S. for their petitioning
employers.
Includes Spouse & Children
The spouse and children under 21 years of age are permitted to enter and
remain in the U.S. during the validity of the H-2 visa. They are admitted
on H-4 dependent visas.
Dependents Permitted to Attend School or College
The spouse and children under 21 years of age are permitted to attend school
on their H-4 visa status.
Requirements
Temporary Employment
The offer of employment and the job position itself must both be temporary
in nature. Unlike the H-1B visa, the H-2 visa will not be issued based
upon a temporary offer of employment for a permanent job position. The
H-2 visa requires that the job itself be temporary or seasonal in nature.
Labor Certification
Prior to filing an application for the H-2 visa, the employer must first
obtain a certificate from the U.S. Department of Labor certifying that
there are no available qualified U.S. citizens or residents willing to
accept employment for the temporary position.
Personal Qualifications
The applicant must prove to the
Immigration Service that the applicant possesses the required experience, education,
or training to perform the temporary job.
Limitations
One-Year Term
H-2 visas are granted for one-year increments, with an aggregate limitation
of three years.
Spouse & Children Not Work Authorized
H-2 dependent spouses and children are not permitted to work while in the U.S.
Nonconvertible to Permanent Residence
H-2 visas are not convertible to lawful permanent residence status. Possessing
an H-2 visa does not preclude obtaining lawful permanent residence by
other means, such as alien labor certification, family petition, or political
asylum.
