If you thought only white-collared executives got employed in the US, you would be far from the truth. USA needs a strong workforce of agricultural labor and seasonal workers to work on the huge ranches and farmlands all over the country. With intense migration and lesser number of people available to work on the farms, every year, thousands of workers go on a temporary work visa to US from different countries and help enhance the agricultural output.
The H-2 (A) visa is granted for those foreign nationals that are coming to work seasonally in the agricultural sector. It is only issued for a fixed period and is categorized under the non-immigration work visas. As per the benefits, the foreign nations are employed in the agricultural sectors in US and are given the same benefits as US nationals. The minimum wages have to be given to all of the foreign nationals that come to US or the government levies the Adverse Effect Wage Rate. It is illegal to take money to hire workers from foreign countries and none of the agents or employment facilitator can ask for commissions from the workers to get them employment in US farmlands and agricultural sector.
The unique aspect of the H-2 (B) is that before an employer can admit the foreign workers to start work on the farms, the Secretary of Homeland Security is required to consult with the relevant government agencies to judge the available US workers, check if there is a shortage of farm hands before the foreign workers are allowed to come. Basically, it is to check whether for their own benefits, the employers are seeking foreign workers at cheaper rates and taking away the jobs from the US citizens.
If the US Citizenship and Immigration Service and Secretary of Homeland Security are satisfied about the genuine need of temporary workers, the potential employers are given the necessary labor certificates. As said before, the employers are only given the temporary labor certificate when it is proved that there is unavailability of US workforce. Additionally, the employers have to prove that by getting the foreign labor to US, it will not be detrimental for the employment potential of US workers.
All of the applications are processed on the ‘first come, first served’ basis by the US Department of Labor. The prospective workers from different countries coming to US on the H-2 visa are only allowed to work on similar projects and wages. As these are temporary workers or seasonal workers, after the visa expires, each of them has to go back. The labor certificate is issued in the name of the employer and there is no transfer or exchange of these certificates.
It is best to consult immigration lawyer services as there are numerous issues that might crop up during the process of documentation for the employers and for the workers. Another fact to be noted is that there are a select few countries that come under the preview of the H-2 visa which is usually granted to workers from Canada, European and South American countries.