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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: