U.S. employers can apply for H-2A and H-2B visas to fill temporary labor needs when there are not enough U.S. workers available. Employers can apply for EB-3 visas to secure permanent residency for workers in permanent positions. Workers must have a job offer from a U.S. employer to qualify.

The H-2A visa is for temporary agricultural workers, the H-2B visa is for temporary non-agricultural workers, and the EB-3 visa is for employment-based permanent residency, covering skilled workers, professionals, and unskilled workers performing permanent, non-seasonal work.

We provide comprehensive support throughout the entire visa application process, including initial consultation, document preparation, submission, follow-up, and final approval. Our team ensures compliance with all regulations and works to maximize the chances of successful application approval.

The application steps generally include obtaining labor certification from the Department of Labor, filing a petition with the United States Citizenship and Immigration Services (USCIS), and completing consular processing or adjustment of status for the worker.

Contact Labor Consultants International to schedule an initial consultation. Our experienced team will assess your needs, provide tailored advice, and guide you through each step of the application process.

Employers must prove that there are not enough U.S. workers available for the job, their need for the labor is on a temporary basis, that hiring foreign workers will not negatively impact the wages and working conditions of U.S. workers, and must comply with recruitment, wage, and other regulatory requirements.

The processing time varies based on the visa type and specific case details. H-2A and H-2B visa processes typically take a few months, while the EB-3 visa process can take several years.

Yes, family members of H-2A and H-2B visa holders can apply for H-4 visas, allowing spouses and unmarried children under 21 to accompany the primary visa holder. EB-3 visa holders can also bring their spouses and children, who may also apply for permanent residency.

H-2A and H-2B visas are both temporary work visas in the United States, but they cater to different industries and job types. H-2A visas are designed for seasonal agricultural workers, addressing the labor needs of U.S. farmers during peak growing seasons. On the other hand, H-2B visas cater to non-agricultural, temporary work positions in various industries, such as hospitality, landscaping, and construction. The key distinction lies in the nature of the work – H-2A for agricultural and H-2B for non-agricultural sectors.

The Seasonal Employment Alliance is an organization dedicated to addressing the needs and concerns of employers, workers, and other stakeholders involved in seasonal employment, particularly in the United States. It serves as a resource hub, advocating for policies that support seasonal workforce requirements and facilitating collaboration between various industry players to promote fair practices and effective solutions in the realm of temporary labor migration. To become a member, visit their website.

EB-3 Green Cards are employment-based immigrant green cards that provide a pathway to permanent residency in the United States for skilled workers, professionals, and other labor categories. This option is available to individuals with a wide range of education and experience levels.

The EB-3 green card category includes three subgroups: skilled workers (requiring at least two years of job experience or training), professionals (holding a U.S. bachelor’s degree or foreign equivalent), and other workers (filling positions that require less than two years of training or experience).

The processing time for an EB-3 Permanent Residency Green Card can vary. It depends on factors such as the applicant’s country of origin, the specific job category (EB-3 includes skilled workers, professionals, and other workers), and the current visa processing workload. Generally, the processing time ranges from several months to a few years. Applicants can check the U.S. Citizenship and Immigration Services (USCIS) website or consult with immigration professionals for the most up-to-date information on processing times.

The prevailing wage is determined by the National Prevailing Wage Center (NPWC) by calculating the average wage paid to similar workers in the same occupation and geographic area.

EB-3 Green Card holders are valid for ten years and can apply for permanent citizenship.

Yes, there is an annual cap on the number of EB-3 Green Cards issued. This cap is divided among the three subcategories (skilled workers, professionals, and other workers) and is subject to per-country limits, which can affect the waiting times for applicants from certain countries.

The H-2A visa program allows U.S. agricultural employers to hire foreign workers for temporary or seasonal agricultural work when there are not enough U.S. workers available.

Foreign workers from eligible countries who have a job offer for temporary or seasonal agricultural work from a U.S. employer can apply for an H-2A visa. The employer must also meet specific regulatory requirements.

H-2A visa holders can stay for the period specified in the labor certification, typically up to 10 months with the possibility of extensions.

The prevailing wage for H-2A employees is based on the Adverse Effect Wage Rate (AEWR) and differs per state.

No, there is no cap on H-2A visas.

H-2A workers can stay for the period of employment specified in the labor certification. Extensions can be requested, but the maximum stay for a worker is three years. An H-2A certification, however, is only valid for 10 months per employer barring an extension request.

Employers must prove that there are not enough U.S. workers available, willing, and qualified to perform the temporary agricultural work. They must also show that hiring H-2A workers will not negatively impact the wages and working conditions of U.S. workers. They must also provide housing for these employees.

Employers should stay informed about all H-2A regulations, maintain accurate records, provide proper wages and working conditions, and comply with housing and transportation requirements. Working with Labor Consultants International can also help ensure compliance.

The H-2B visa program allows U.S. employers to hire foreign workers for temporary non-agricultural jobs when there are not enough qualified U.S. workers available. This helps businesses meet seasonal or peak load demands.

Foreign workers from eligible countries who have a job offer for temporary non-agricultural work from a U.S. employer can apply for an H-2B visa. The employer must also meet specific regulatory requirements.

The H-2B visa application process involves several steps. First, the employer must obtain a temporary labor certification from the U.S. Department of Labor (DOL). This certification verifies that there are not enough U.S. workers available to fill the position. Once the certification is secured, the employer submits the Form I-129, Petition for a Nonimmigrant Worker, to U.S. Citizenship and Immigration Services (USCIS). If the petition is approved, the prospective H-2B worker can apply for the visa at a U.S. embassy or consulate in their home country. The process requires coordination between the employer, the DOL, and USCIS to ensure compliance with regulations governing the employment of temporary foreign workers.

H-2B visa holders can stay for the period specified in the labor certification, typically up to 10 months.

The prevailing wage is determined by the National Prevailing Wage Center (NPWC) by calculating the average wage paid to similar workers in the same occupation and geographic area.

Yes, there is an annual cap on the number of H-2B visas issued. This cap is set at 66,000 visas per fiscal year and is divided into two caps of 33,000 for each 6-month period of the year: October through March and April through September.

H-2B workers can stay for the period of employment specified in the labor certification, which is typically up to 10 months.

The H-2B visa program is commonly used in industries such as hospitality, landscaping, construction, forestry, seafood processing, and other seasonal or peak load industries.

Employers must prove that there are not enough U.S. workers available, willing, and qualified to perform the temporary work. They must also show that hiring H-2B workers will not negatively impact the wages and working conditions of U.S. workers.

Yes, we offer ACH payment as well as payment with a credit or debit card. Simply select from the following payment types when on the payment portal.

We use Stripe to securely process your payments. You can verify you are directly paying LCI by checking the link in your browser. It should start with "pay.laborci.com".

DOL categorizes each job into a specific code. There are many different job codes for the A and B programs. Below are the more common job codes.

H-2A

• 45-2092.00 Farmworkers and Laborers, Crop, Nursery, and Greenhouse
• 45-2092.01 Nursery Workers
• 45-2092.02 Farmworkers and Laborers, Crop
• 45-2091.00 Agricultural Equipment Operators
• 45-2093.00 Farmworkers, Farm, Ranch, and Aquacultural Animals
• 45-2093.00 Beekeepers

H-2B

• 37-3011 Landscaping and Groundskeeping Workers
• 45-4011 Forest and Conservation Workers
• 35-2014 Cooks, Restaurant
• 37-2011 Janitors & Cleaners, (Except Maids & Housekeeping)
• 37-2012 Maids and Housekeeping Cleaners
• 39-3091 Amusement and Recreation Attendant
• 51-3022 Meat, Poultry, and Fish Cutters
• 47-2061 Construction Laborers
• 51-9198 Helpers, Production Workers

‍

Your H2 workers will have the same taxes and deductions made from their paychecks as any domestic worker would. So yes, they do pay taxes!

DOL will classify the work you do into specific job codes. There are countless of job codes to look through, but there can only be ONE job code per application/certification.

FOR EXAMPLE: if you own a hotel and you need housekeepers, dishwashers, and an outdoor maintenance crew, you would need to file three separate applications to obtain certifications for those three very different jobs.

Each job code has different wages, and with each application, we have to explain the seasonality and need for the occupation within your business. It would be impossible to put three very different types of jobs onto one singular application.

‍

Foreign workers are required to fill out an I-9 Form, and W-4 Form. Foreign workers are required to pay the same taxes as your U.S workers

Unfortunately, this program isn’t perfect, and you will always have people try to take advantage of a good opportunity. If you have a worker that is no longer showing up to work, has not contacted you, and you have no idea where they are, it is your duty as the employer to report them to both the Department of Homeland Security and the Department of Labor.

If this happens to you, please reach out to us. We can get you the appropriate templates and contact information for the respective government agencies to report to.

Depending on when the worker absconds, we could potentially bring in another worker to fill that spot. However, if too much time has passed and you have no other visas available, we may not be able to replace the worker at all.

‍

H-2A: Yes, you are required to house the workers at no cost to the foreign workers and the workers in corresponding employment who cannot reasonably return home at the end of the day. H-2A employers are also required to provide three meals per day or to furnish free and convenient cooking/kitchen facilities where meals can be prepared.

Learn more here.
‍

‍H-2B (all industries other than forestry/carnival): No, you are not required to provide housing, but you must assist in helping them find housing. Whether that be setting up hotels or a space they can rent, the workers will likely need assistance finding somewhere to live. Unlike H-2A, you do not have to provide meals or a kitchen.
‍

H-2B (Itinerant: Forestry/Carnival): Yes, all forestry and carnival type employers are required to pay housing throughout the duration of the job because it is seen as a benefit to the employer due to the nature of a mobile workforce. These employers are not required to cover or provide meal costs during the duration of the job like an H2A employer would.

Learn more about itinerant housing requirements here.

‍

Department of Labor (Wage and Hour Division) has a regulation concerning “corresponding employment.” This means that any non H-2 worker employed by an employer that has a certified application who performs substantially the same work as the foreign worker have at least the same protections and benefits as those offered or provided to an H-2 worker.

In short, yes, any current, domestic workers you have doing the same work as the foreign workers have to make at least the same wage.

You are not required to provide outbound transport and subsistence if the worker abandons the job completely before the end of the period of employment certified on the application. However, if they are fired, dismissed, or quit WITHOUT abandonment, you are still required to pay for the travel back to their point of recruitment (typically their home).

No, the workers cannot work for you year-round. The H-2 programs are roughly 9-10-month TEMPORARY programs. We absolutely must be able to prove you have a definitive peak load, true seasonal, a one-time occurrence, or intermittent need during the time frame in which you are requesting workers. This is a process you do have to repeat each year that you want to receive visas.

Here are the different definitions in regards to the 4 different ways you can be seasonal:

1. Seasonal employers typically have a definitive off-season where there is absolutely no work being done and is dictated by specific weather patterns and recurrent in nature.

EXAMPLE: A landscaper owns a business in North Dakota. During the spring and summer months, his crew mows both residential and commercial properties until the end of October. His business is completely shut down from November through the end of February due to snow. He will begin mowing again in the spring (March) when the snow has melted.

2. Peak Load employers are typically those that are open all 12 months of the year. There is a spike, or a peak, in the employer’s season where it becomes extremely busy compared to the downtime. Workers can only be requested during this peak time.

EXAMPLE: A landscaper owns a business in North Dakota. During the spring and summer months, his crew mows both residential and commercial properties until the end of October. This time of year, generates the most revenue for his business. He continues to perform snow removal throughout the winter and he has laid off a majority of his spring staff. A smaller, integral crew remains on for the winter to perform snow removal duties and whatever else might pop up. He will begin mowing again in the spring (March) when the snow has melted and all his laid off workers will return to work.

3. Intermittent employers are rare in this program. To qualify an employer as having an intermittent need, they must not have employed permanent or full-time workers to perform the service or labor, but occasionally needs temporary workers to provide that service or labor for a short period of time.

EXAMPLE: a company produces limited edition porcelain ware to commemorate a special event, but only from time to time and not on a fixed schedule.

4. A One-Time Occurrence employer would require you to show that you have not employed workers to perform the services or labor in the past, and the petitioner will not need workers to perform this in the future, or there is an employment situation that is otherwise permanent, but a temporary event of short duration has created a need for temporary workers.

‍

The National Association of Landscape Professionals (NALP) is the trade association representing an industry of more than 1 million landscape, lawn care, tree care, irrigation, and horticulture professionals in the United States, Canada and overseas. We are committed to advancing the industry and helping our members succeed through advocacy, education, networking, training, and professional development. NALP is a leader in advocacy for the H-2B program being the voice for landscape businesses to make a difference in regulations that impact the industry.

U.S. Lawns has been providing full service, all-season commercial grounds management services since 1986. Our nationwide network of landscape professionals, dedicated local owner operators and their teams, supported by the expertise of today’s most accomplished industry leaders, carefully develop customized plans for each client. We partner with US Lawns franchises to assist them with their H-2B needs across the country.

We do not take payments over the phone. We want to create the most secure payment system we can and taking payments or credit card information over the phone is a direct violation of that principle.

The countries included in North Central America are: El Salvador, Guatemala, Honduras, Colombia, Ecuador, Costa Rica, and Haiti.

‍

The NCA countries have been granted a specific allocation of 20,000 visas for the fiscal year outside of the traditional H-2B visa cap of 66,000 for the fiscal year. Meaning, that even if the H-2B cap of 66,000 is completely met, if there are still NCA visas left, you can bring in workers from the NCA countries.

‍

Check out our blog linked below for a more comprehensive breakdown of the NCA allocation and how it can benefit you.

‍

Yes, there is a 3% credit card fee that you will be responsible for.