Navigating Temporary Labor Visa Programs with Confidence

May 22, 2025

Navigating Temporary Labor Visa Programs with Confidence

When it comes to navigating the complexities of temporary labor visa programs, having the right information at your fingertips is crucial. Here’s a comprehensive guide to help you understand the ins and outs of H-2A and H-2B visa programs, ensuring you make informed decisions for your business.

Understanding the Programs

H-2A Agriculture Visa: This visa allows agricultural workers to stay in the U.S. for up to 10 months. It’s ideal for seasonal agricultural needs.

H-2B Business Visa: This visa caters to non-agricultural businesses, allowing workers to stay for up to 9 months. It’s perfect for temporary help during peak seasons, one-time projects or intermittent needs.

Both programs can be re-occurring annually, providing a reliable workforce year after year.

Preparing Your Application

Before applying, gather business data history for the two years prior to your application. This includes PR records, receipts and financial statements. These documents are essential for demonstrating your business’s need for temporary labor.

Key Questions to Consider

1. Can I afford the program?

• This isn’t cheap labor; it’s reliable, quality labor. The H-2B prevailing wage rate ensures you pay a minimum rate that doesn’t undercut U.S. wage earners, typically ranging from the upper teens to mid-20s per hour.

2. How long is your season/need, and does this option make sense?

• Assess the duration of your need to determine if the program is a viable solution.

3. How many workers do you need?

• A minimum of 2-3 workers is required.

4. What is the quality of your current workforce?

• Evaluate production, behavior and treatment of customers and other employees.

5. How solid are your margins?

• Remember, H-2B is not a solution for tight margins; it’s about quality labor.

Costs and Considerations

• H-2B wage rate: Upper teens to mid-20s $/hr
• Filing fee with USCIS: Approximately $3,000
• Attorney fee: $4,000 - $5,000 per application
• Per worker fee: $500 - $2,000 per worker
• Visa fee: $205 per worker
• Transportation to/from U.S.: $250 - $350
• Food and lodging while traveling
• Housing costs: Worker pays rent, typically employer provides furniture and security deposit
• Extra HR time involved

Application Process

1. Apply to the Department of Labor (DOL) for prevailing wage determination. Begin 120 days before you need your workforce; it takes six weeks to get the prevailing wage letter.

2. Place a Job Order with the State Workforce Agency (SWA) within 75-90 days before needing labor.

3. Form ETA-9142B (H-2B Application)

4. Notice of Deficiency: Common in the first year, answer ASAP.

5. Notice of Acceptance: Once received, the recruitment phase begins.

6. Post the job order in your place of business and for others to apply.

7. Submit your report of recruitment after 15 days.

8. Receive your Labor Certification and submit it to USCIS.

9. Continue to post jobs for 21 days prior to need.

Costs, Reimbursements and Housing

• Housing: Not required but realistically needed. Withhold $75-$100/week per worker to cover rent, utilities and internet.
• Reimburse for travel: From the point of residence to the U.S. Visa not issued until inspection and security check at the border.
• Reimburse within the first week of work for travel and food while traveling to the U.S.
• Benefits: Not required to offer and often not accepted unless employer-paid.
• Work comp coverage: Must have.
• Payroll taxes: Same employee withholdings and employer payroll taxes as U.S. workers.
• H-2A: No withholdings and no tax return for the worker.
• Pay for overtime worked.
• Termination allowed under the same circumstances as U.S. worker termination.
• Report if a worker goes missing.

Miscellaneous Information

• Visa workers arrive twice a year: 4/1 and 10/1.
• The U.S. issues a cap of 66,000 visas per year: 33,000 on 4/1 and 33,000 on 10/1.
• Returning workers who have been here in the previous three years do not count toward the cap.
• 140,000 employers apply for H-2B workers, issued in a lottery system.

Strategies to Get Approval

• Increase the number of applications submitted.
• Apply year-round.
• Apply for different areas and job sites.
• Apply for different jobs and seasons.

By understanding these key points and preparing thoroughly, you can navigate the temporary labor visa programs with confidence and secure the quality workforce your business needs.