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Frequently Asked Questions
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The H2A is a non-immigrant visa, allowing foreign workers to enter the USA, augment an employer’s US Workforce, perform specific duties in the critical food supply chain as agricultural workers. The workers have specific guaranteed wages and protections under strict US Department of Labor standards. At the end of their approved status the workers return to their families and communities in their home countries.
The H2B is a non-immigrant visa, allowing foreign workers to enter the USA, perform specific duties in non-agricultural sectors, with guaranteed wages and protections, for a limited period of time, and then return home to their families and communities. The temporary need must be either seasonal, peakload, intermittent or one-time.
As part of the PERM application process, the employer must attest that:
- The position is full time;
- The position is a bona fide job offer available to US Workers;
- Job Requirements are not tailored to the alien worker’s qualifications. The job opportunity must be without restrictive job requirements, unless adequately documented as arising from true business necessity;
- The offered wage must meet prevailing wage requirements (equal or greater than the prevailing wage for the occupation in the area of intended employment, as assigned by DOL).
- There are no US workers able, willing, qualified and available to accept the job offer through the specific recruitment process; and
- Employment of the alien will not adversely affect the wages and working conditions of US Workers.The prospective foreign worker/employee who benefits from the application must attest to the following.
- He/she meets the educational and work requirements of the employment position at the time the Labor Certification is filed; and
- He/she maintains a valid legal status in the US while present in the USA. In addition, the prospective foreign worker/employee who benefits from the application must be eligible to be granted the status.
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