United States H-2A, H-2B, and H-3 Visa

Eligibility for H-2A Visa:

To be eligible for H-2A non-immigrant visa, the petitioner must:

• Obtain a Job Offer a job for temporary basis
• Prove that there are not enough U.S. employees who are qualified, capable and available to do the temporary work,
• Show that potential employees are citizens of an H-2A eligible country (see the H-2A temporary Agricultural Workers pagefor the list),
• Prove that employing H-2A workers will not harmfully affect the salary and working terms of similarly active U.S. workers and
• Provide a valid temporary labor certification from the U.S. Department of Labor

H-2A beneficiaries may stay in the United States for up to 3 years.

Please visit the H-2A Temporary Agricultural Workers page for more information.

Eligibility for H-2B Visa:

To be eligible for H-2B non-immigrant classification, the petitioner must start that:

• Prove that there are not enough U.S. employees who are qualified, capable and available to do the temporary work,
• The potential employees are citizens of an H-2B listed country (see the H-2B Temporary Non-agricultural Workers page)
• Prove that employing H-2A workers will not harmfully affect the salary and working terms of similarly active U.S. workers and
• Its need for the potential worker’s job or labor is temporary. The employer’s need is considered temporary if it is:

• • one-time occurrence – A petitioner claiming a one-time occurrence must show that it has not hired workers to perform the service or labor in the past.
  • seasonal need – A petitioner demanding a seasonal need must demonstrate that the service or labor for which it needs workers is: usually tied to a time or season of the year
  • Peak load need – A petitioner claiming a peak load need must demonstrate that it: recurrently hires permanent workers to do the services or labor at the place of employment, that it needs to temporarily increase staffing due to a seasonal or short-term demand
  • intermittent need – A petitioner claiming an intermittent need must demonstrate that it has not hired permanent or full-time workers to do the services or labor and that it infrequently or intermittently requires temporary workers to do services or labor for short periods.

H-2B petitioners must also provide a single valid temporary labor certification from the U.S. Department of Labor (DOL)

Please visit the H-2B Nonagricultural Works page for more information.

Eligibility for H-3 Visa:

In order to obtain H-3 visa, a U.S. employer or organization must include a statement that demonstrates:

• The anticipated training is not possible in the noncitizen’s native country,
• The applicant will not be placed in a role that is part of the normal operation of the business and in which U.S. nationals and resident workers are regularly employed,
• The applicant will not involve in productive employment unless such employment is related and required to the training, and
• The training will help the beneficiary in finding out a career outside the United States.

Each H-3 petition for a trainee must include a statement that:

• Defines the category of training and supervision to be provided, and the structure of the training program;
• Sets the proportion of time that will be dedicated to fruitful employment;
• Shows the number of times that will be consumed, respectively, in schoolroom instruction and in on –the-job training;
• Defines the career abroad for which the training will prepare the applicants;
• Indicates the motives why such training cannot be done in the noncitizen’s country and why it is required for the noncitizen to be trained in the United States; and
• Indicates the basis of any remuneration received by the trainee and any advantage which will grow to the employer/organization for providing the training.

How to apply for H-2A, H-2B, and H-3 Visa?

To begin the petition process, the employer must:

• Read the Guideline for Form I-129, Petition for a Nonimmigrant Worker.
• Fill-up and sign Form I-129;
• Clear the filing fee(s), if applicable; and,
• Submit all required documents

Once we receive your Form I-129, we will process your application and you will receive:

• A receipt notice of confirmation of your application
• A biometric service notice
• A notice of decision.

Basic documents may include:

• Online Form DS-160 and the receipt
• Form DS-156
• Form DS-157 (if male between 16 and 45 years old)
• Visa application fee of $190
• Passport
• One photograph meeting the Digital Images Requirements for US visa
• Job offer from U.S employer
• Copies of approvals from USCIS (Form I-797 and Form I-129)
• Proof that they intend to return to their home country such as a property deed, apartment lease, or future job contract.

The visa application fee for the H-2A, H-2B, and H-3 Visa is $460.

The approval of a petition does not assure that you will be granted a visa. Do not make a travel plan or buy tickets unless you have a visa in your passport.