H-2 visa programs

Keep your seasonal workforce on track with comprehensive support through policy shifts, challenging timelines and compliance demands.

WHAT WE DO

Expert guidance for every stage of the journey

Ensure compliance and avoid delays

Our proprietary AI-powered case management platform streamlines complex processes, improves accuracy, avoids delays and helps train your staff.
Stay ahead of evolving H-2 regulations

We help employers identify opportunities, overcome challenges and provide solutions for changing circumstances, policies and regulations.
Be prepared for H-2 inquiries

BAL provides expert support for case investigations, USCIS, DOL or ICE site visits and experienced litigation representation when needed.

H-2A visas vs. H-2B visas: Key differences for employers

The H-2A and H-2B visa programs permit U.S. businesses to hire foreign nationals for temporary jobs and seasonal work.

H-2A visa program overview

The H-2A visa program covers temporary agricultural employment when the need is seasonal or otherwise time-limited.

Common roles include field labor, crop maintenance and harvesting, greenhouse tasks and certain animal husbandry functions. The program imposes specific employer obligations that are designed to safeguard workers and local labor markets.

H-2B visa program overview

The H-2B visa program addresses nonagricultural, temporary labor needs that are seasonal, peak-load, intermittent or one-time occurrences.

Employers must document that the nature of their operations supports a temporary need. Because the program only has a certain number of visas available each year, careful timing and planning are crucial for any H-2B visa strategy, especially supplemental allocations and filing windows tied to H-2B filing caps.

How BAL helped clients respond to unexpected H-2 policy disruption

When the U.S. State Department abruptly limited certain H‑2 visa holders from obtaining commercial driver’s licenses, agricultural employers faced immediate operational risk. BAL quickly alerted client stakeholders, clarified that H‑2A agricultural workers were exempt while H‑2B workers, including those in agricultural driving roles, remained impacted and advised employers accordingly.

BAL continued to monitor policy developments and evaluated potential relief options for clients, including national interest waivers based on prior precedent. Through rapid communication and targeted advocacy, BAL helped clients navigate the disruption with clarity and strategic options, minimizing impact to critical agricultural operations.

Strengthen your H-2 visa program with BAL’s immigration attorneys

H-2 visa FAQ 

What are the H-2A visa eligibility requirements for employers?

To qualify for H-2A nonimmigrant visa classification, an employer must:
• Offer an agricultural role for a minimum of 35 hours a week that is temporary or seasonal in nature
• Show that there are not enough U.S. workers able, willing, qualified or available to do the temporary work
• Demonstrate that employing the H-2A worker will not negatively impact the wages and working conditions of similarly-employed U.S. workers
• Prove that the visa holder intends to return to their home country after the visa expiration date
• Submit a valid temporary labor certification from the U.S. Department of Labor

Can H-2A visas be extended?

H-2A classifications may be extended in increments of up to one year each. The maximum extension permitted under the H-2A program is three years. With certain exceptions, after three years an H-2A worker must leave the U.S. for three consecutive months before seeking readmission.

What are the H-2B visa eligibility requirements for employers?

To qualify for H-2B nonimmigrant visa classification, an employer must:
• Offer a nonagricultural role for a minimum of 35 hours a week that is temporary in nature showing either a peak load, seasonal, one-time occurrence or intermittent need
• Show that there are not enough U.S. workers able, willing, qualified or available to do the temporary, nonagricultural work
• Demonstrate that employing the H-2B worker meets Prevailing Wage Determination requirements and will not negatively impact the wages and working conditions of similarly employed U.S. workers
• Show that the need for labor is temporary in duration; work placement and temporary agencies are not eligible for the H-2B visa program
• Submit a valid temporary labor certification from the U.S. Department of Labor

Can an H-2B visa lead to a green card?

The H-2B visa is a nonimmigrant visa that does not directly lead to a green card, but H-2B visa holders can apply for an adjustment of status through employment-based preference categories.

The steps for employers when sponsoring a foreign worker for permanent residence generally include filing a prevailing wage determination with the U.S. Department of Labor, submitting an application for permanent labor certification (PERM) and filing a Form I-140 with U.S. Citizenship and Immigration Services.