Chapter 1 - Purpose and Background

A. Purpose

The temporary agricultural worker (H-2A) nonimmigrant visa classification applies to a noncitizen seeking to perform agricultural labor or services of a temporary or seasonal nature in the United States.[1]

The temporary nonagricultural worker (H-2B) nonimmigrant visa classification applies to a noncitizen seeking to perform temporary nonagricultural labor or services in the United States if U.S. workers are not available.[2]

B. Background [Reserved]

C. Legal Authorities

Footnotes


[^ 1] USCIS defers to the U.S. Department of Labor’s determination on the temporary labor certification for H-2A employment as to whether the position qualifies as agricultural.

[^ 2] The H-2B nonimmigrant visa classification does not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession.

Current as of July 26, 2021