Chapter 1 - Purpose and Background
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.
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.
INA 101(a)(15)(H) – Noncitizens coming temporarily to the United States to perform services
8 CFR 214.2(h) – Temporary employees
[^ 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.