Which program are you applying under? H-2A or H-2B 

There are two categories of H-2 visas: 

• H-2A – The H-2A visa is specifically designed for agricultural workers. This visa allows employers to bring foreign nationals to the United States to fill temporary agricultural jobs. The H-2A visa was created in 1952 to address the labor shortages that frequently plague the agricultural sector, ensuring that farmers and agricultural businesses have the workforce they need to maintain productivity.
• H-2B – The H-2B visa is for non-agricultural seasonal or temporary work, often in hospitality, construction, and landscaping sectors where additional workers may be needed during peak seasons. The H-2B visa was introduced in 1986 to help businesses to meet their labor demands, ensuring that they can operate efficiently and maintain service levels.

The H-2 program fills critical gaps in the US labor market that cannot be met by the domestic workforce. Rules and requirements are different for H-2A and H-2B visas, so it is important to work with an experienced partner that is well-versed with all requirements and can help you find and recruit experienced workers and navigate the system.

Eligibility Requirements for H-2 Visa Applicants

Employers and their prospective workers must meet specific criteria to be eligible for the H-2 visa program. For H-2A visas, growers must demonstrate that they are unable to find enough able, willing, and qualified workers to perform the temporary or seasonal agricultural work. Additionally, they must show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed workers in the US. Employers must also demonstrate evidence of their need for agricultural laborers.

Eligibility rules are similar for H-2B visas, but the job sectors and roles vary widely. The job must be temporary, such as a seasonal need or intermittent need. Employers must obtain a temporary labor certification from the Department of Labor (DOL) to validate their need for foreign workers.

Prospective workers also need to meet requirements. They must be nationals of countries designated by the US Secretary of Homeland Security as eligible for the H-2 program. They must have a valid job offer from a US employer, and they must intend to return to their home country after the visa expires. With teams in the United States, Mexico and Guatemala – and strong relationships with local actors – CIERTO is able to support your company every step of the way.

Benefits of the H-2 Visa Program for Employers and Workers

The H-2 visa program offers numerous benefits for employers and foreign workers. Employers have the ability to fill labor shortages with reliable, skilled workers and meet seasonal or temporary demands without interruption. Additionally, the H-2 program allows employers to plan and manage their workforce more effectively, knowing that they have access to a pool of qualified workers when needed. Workers contracted through CIERTO return regularly to work with the same employer. 

For workers, the program provides an opportunity to earn higher wages than they might be able to in their home countries. This contributes to a higher quality of life and provides financial support for their families. Workers also gain valuable work experience and skills that can enhance future employment prospects, whether they choose to continue working in the United States or return to their home countries.

CIERTO provides comprehensive and customized training for employees prior to leaving their communities of origin. This ensures that workers are equipped with the knowledge they need to help your farm or business maintain standards of productivity and safety

Recent Changes and Updates to H-2 Visa Regulations

The H-2 visa program is subject to periodic changes and updates, which can impact both employers and foreign workers. The list of eligible countries whose workers can participate in the H-2 program is regularly updated. There are also regular updates to filing schedules, and how an employer submits H-2 visa petitions.

There are also regular efforts to enhance worker protections under the H-2 program. This includes stricter enforcement of labor standards and increased penalties for employers who violate the terms of the program. These are designed to ensure that foreign workers are treated fairly and that employers comply with all legal and regulatory requirements. 

As the first recruitment agency in the Americas to achieve IRIS certification for ethical recruitment from the IOM, CIERTO goes beyond the requirements to build a transparent, secure and cost effective H2 solution that treats workers with dignity and respect. CIERTO has also achieved the Clearview responsible recruitment certification, a program for labor recruiters to demonstrate that they operate with the highest ethical standards.