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H-2b eligible countries list Form: What You Should Know

The program was established to complement the H-2A program, which was created for agricultural producers. The H-2B program enables the temporary employment of foreign nonimmigrants who otherwise could not be employed by U.S. employers under the H-2A program, for which the Government has granted approval. Under the H-2B program employers may obtain a temporary nonimmigrant worker at the lowest established wage rate, and employers must provide the nonimmigrant with all required filing and verification forms, as well as with the nonimmigrant's employer information. The nonimmigrant is required to leave the residence before having the visa verified, and the nonimmigrant must return to the residence after having completed the verification process. H-2A Program | U.S. Department of Labor The H-2A nonimmigrant program allows employers to hire temporary foreign workers to perform a specified number of specific seasonal agricultural or horticultural, construction, farming, or fishing jobs. Employers may seek approval for the H-2A program from DHS in the same manner as applicants for the H-2B program. The H-2A program is not open to seasonal agricultural or construction workers. H-2C Visa Program The H-2C program is intended for foreign agricultural agents who operate foreign-owned firms that are eligible for the H-2A program as described in H-2B. H-2C employers also must operate their establishments in the United States as if the establishments were U.S. farms. Nonimmigrant workers and nonagricultural farms under the H-2C program cannot live at the facility; they must remain in the geographic area in which they are employed. All other requirements of the H-2A program and the H-2B program apply to H-2C farms as a result of H-2A not being an actual seasonal agricultural occupation. Workers of all kinds in the H-2C program must maintain daily records of hours worked. The time records are kept in a separate work record book. This work record book is to be kept in the facility as follows: on the farm itself, one work book shall be kept by the entire field work team; on each separate farm, one work book shall be kept by the farm work team responsible for its own assigned farm; one work book shall be kept by the foreign contractor, and at other locations where foreign agricultural contractors have a relationship to the employer, one work book shall be kept by the foreign contractor.

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