The H-2B visa allows U.S. employers to hire foreign workers for temporary non-agricultural jobs. It is designed to help employers fill seasonal, peak load, or intermittent labor needs.

To qualify, employers must demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work. The job must be temporary in nature, and the employer must prove that employing H-2B workers will not negatively affect the wages and working conditions of similarly employed U.S. workers.

Jobs in industries such as hospitality, landscaping, construction, seafood processing, and amusement parks often qualify. However, any non-agricultural job can be suitable for H2B. The key requirement is that the job must be seasonal, peak load, or intermittent.

You should start the H-2B visa application process well in advance of your need for temporary workers. Ideally, begin the process at least 6 to 8 months before the workers are needed. This allows ample time for labor certification, USCIS processing, and consular processing.

Yes, the H-2B visa program operates on a fiscal year basis, with two semi-annual allocations of 33,000 visas each:

First Half: For employment starting between October 1 and March 31. Employers begin the process as early as April 1 of the preceding fiscal year.

Second Half: For employment starting between April 1 and September 30. Employers should begin the process as early as September 1 of the preceding fiscal year.

You must show that your need for workers is temporary, which can be due to a one-time occurrence, seasonal need, peak load need, or intermittent need. Documentation such as contracts, business plans, or historical payroll data can support your claim.

The H-2A visa program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs. To qualify, employers must demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.

Employers must submit a temporary labor certification application to the U.S. Department of Labor (DOL), followed by filing Form I-129 with U.S. Citizenship and Immigration Services (USCIS). The application process includes recruiting U.S. workers and demonstrating the need for temporary foreign labor.

Employers are required to provide free, safe, and sanitary housing to all H-2A workers. The housing must meet the standards set by federal, state, or local regulations and be inspected and approved by the appropriate authority before occupancy.

Employers must pay H-2A workers the highest of the Adverse Effect Wage Rate (AEWR), the prevailing wage, the agreed-upon collective bargaining wage, or the federal or state minimum wage. The AEWR is determined annually by the DOL.

Employers must provide or reimburse the cost of transportation for H-2A workers from their home country to the worksite, as well as return transportation at the end of the contract. Additionally, employers must provide daily transportation from the workers' housing to the worksite if it is not within walking distance.

Employers must keep accurate records of the hours worked, wages paid, and any deductions for all H-2A workers. They must also maintain records of the recruitment efforts for U.S. workers and any communications with DOL and USCIS regarding the H-2A program. These records must be kept for at least three years.

The TN visa is a non-immigrant work visa established under the United States-Mexico-Canada Agreement (USMCA) for citizens of Canada and Mexico. It allows qualified professionals to work in the U.S. in specific occupations listed under the USMCA. These occupations include, but are not limited to, accountants, engineers, scientists, pharmacists, and teachers. Applicants must meet specific educational and professional requirements for their respective professions.

For Canadian citizens, the application process involves presenting proof of citizenship, a job offer letter, credentials evaluation, and proof of professional qualifications at a U.S. port of entry or pre-flight inspection station. Mexican citizens must apply for a TN visa at a U.S. embassy or consulate and then follow the same steps upon entry.

TN visa holders can stay in the U.S. for up to three years initially, with the possibility of renewing the visa indefinitely in three-year increments, provided they continue to meet the requirements and maintain non-immigrant intent.

Yes, TN visa holders can bring their spouse and children under 21 years of age to the U.S. on TD visas. TD visa holders can attend school but are not permitted to work in the U.S.

The TN visa is specific to citizens of Canada and Mexico and is limited to certain professional occupations, whereas the H-1B visa is open to nationals from any country and encompasses a broader range of job categories. The TN visa does not have an annual cap, while the H-1B visa does. Additionally, the TN visa can be renewed indefinitely, whereas the H-1B visa has a maximum duration of six years, with some exceptions.

Each TN visa occupation has specific educational and professional requirements that applicants must meet. Typically, this includes a bachelor's degree or higher in a related field or relevant professional experience. Some professions may also require additional credentials, such as state or provincial licenses or professional certifications. Employers must ensure that the job offer and the applicant's qualifications align with the requirements for the designated TN occupation.

The E-2 visa allows nationals of certain countries to enter and work in the U.S. based on a substantial investment in a U.S. business. It is intended for those who want to start or manage a business in the U.S. The visa is typically issued for two years and can be renewed indefinitely as long as the business remains active.

To be eligible for an E-2 visa, you must be a citizen of a country that has a treaty of commerce with the U.S. and have invested, or be actively investing, in a U.S. business. You must also intend to enter the U.S. to manage and direct that business. A list of eligible countries can be found on the U.S. Department of State's website.

The investment must be substantial, typically at least $100,000, but this amount can vary depending on the nature and size of the business. The investment must be enough to ensure the successful operation of the enterprise and must be at risk, meaning it could be lost if the business fails. There is no fixed minimum, but smaller investments must be proportionately higher in relation to the total cost of the business to qualify.

The investment must be at risk, meaning you could lose the money if the business fails, and it must be committed to the business, not just sitting in a bank account. Additionally, the investment must generate more than enough income to provide for you and your family or have a significant economic impact in the U.S.

Yes, you can bring your spouse and unmarried children under the age of 21 with you on an E-2 visa. Your spouse can apply for work authorization, which will allow them to work in the U.S. without restriction. Your children can attend school but cannot work. Their E-2 status will be tied to your own, meaning their visa duration and renewals will depend on your E-2 visa status.

A wide range of businesses can qualify for an E-2 visa, from small startups to larger enterprises. The key requirements are that the business must be a real, operating enterprise that produces goods or services for profit, and it must meet the substantiality and marginality tests. This means the business should have a significant impact on the U.S. economy and should not be set up solely to provide a minimal living for the investor and their family. Examples of qualifying businesses include restaurants, consulting firms, retail stores, and manufacturing operations.

The E-2 visa is a non-immigrant visa, which means it does not directly lead to a green card (permanent residency). However, there are pathways available to transition from an E-2 visa to a green card. Common options include applying for an EB-5 immigrant investor visa if you increase your investment and meet the requirements, or through family sponsorship if you have a close relative who is a U.S. citizen or green card holder. Additionally, if your business becomes particularly successful, you might qualify for an EB-1 visa, which is another route to permanent residency.