H-2 Visas are for temporary workers performing “agricultural labor or services of a temporary nature,” and temporary workers performing “other temporary service or labor.” The employer must demonstrate that no U.S. workers capable of performing the service/labor are available. Under the H-2A program, there is a 50% rule, which requires employers to hire qualified U.S. farm workers who apply for the job until 50% of the contract period has been completed.
Under the H-2B program, the employer must get a temporary labor certification demonstrating that:
- no U.S. workers are available for the position, and
- the position is temporary in nature.