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H2b visa jobs 2024 Form: What You Should Know

April 5, 1997. The H-2B visa allows the employer to temporarily hire foreign workers who are from a country having no current law or regulations which specifically grant non-immigrant status to an eligible foreign worker. Non-immigrant status allows the worker to live, work, and reside in the United States temporarily without being subject to immigration laws and restrictions. Temporary employment has many uses, including providing services, providing capital, and providing an alternative foreign workforce, especially when employed by foreign subsidiaries of U.S. corporations. The H-2A visa, issued to U.S. employers who have temporarily relocated their work forces to countries without H-2A laws, provides the same employment rights as H-2B. H-2B is intended to be a temporary program which requires that the foreign worker enter the United States through a U.S. port of entry. Because the worker is temporarily hired through a port of entry, the worker does not need either a visa or a visa waiver to come to the United States. H-2B workers are permitted to work in the United States only for a limited time period prior to their departure. U.S. Department of Labor H-2B visa rules and regulations H-2B applicants must submit a Labor Condition Application (LCA), in order to hire a temporary foreign worker to a non-immigrant farm, fishing or forestry employer. If an LCA is not required of the farm, fishing, or forestry employer, H-2B workers will not be admitted. The employer, or farm, fishing or forestry employer is required to send this LCA to the state workforce agency. The state workforce agency, in turn, forwards the LCA to USCIS within four weeks of receipt of the application. USCIS then assesses whether the employer meets the H-2B requirements of the temporary foreign employee employment pilot program, and will make the final determination whether to approve or disapprove the farm, fishing or forestry employer's request to hire a H-2B visa holder to work at the employer's farm operation. Under the pilot program, if a decision of USCIS, based on the LCA, is negative, the non-immigrant farm, fishing, or forestry employer will not be eligible to file an application for another H-2B visa.

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Five years ago, the owners of Michigan-based Leeds Farms found it was becoming harder to find workers to harvest their fruits and vegetables. By 2014, the family-run farm launched a major recruiting effort but still had trouble finding enough manpower. "We had really good crops, we had good markets, good weather. We could sell everything we produced, and we couldn't get it out of the field," said the owner. "We left about 60 acres of tomatoes in the field, and when the markets were as good as they were, that was a lot of money. I'd say it was probably about a million dollars worth of product left in the field." Leeds Farms turned to the H-2A visa program for help. The paperwork-heavy labor tool of last resort allows seasonal agricultural workers from other countries to work in the US for a limited time. Once the visa expires, the laborers are required to return home. Leeds Farms is among many who use the federal government pathway to bring labor onto their farm. Experts say that many undocumented immigrants who had quietly worked for decades at US nurseries and fruit and vegetable farms have either been reluctant to deal with tighter enforcement or are aging and no longer want to work in the field. Some find work in other industries. Mexico, which had been the primary source of undocumented labor, has experienced a declining birthrate, and their young people appear to be less likely to risk illegally entering the United States for seasonal fieldwork. The H-2A program is the last alternative for growers. "If you have a good migrant stream or if you have local people who can do the jobs, that's what you better do first," says one farmer. The number of temporary agricultural workers requested through the H-2A program has nearly...