The Department of Homeland Security has announced the list of countries whose citizens will be able to participate in the H-2A and H-2B visa programs next year. These visas allow people to access temporary agricultural and non-agricultural jobs.
According to information published by the United States Citizenship and Immigration Services (USCIS), the H-2A and H-2B visa programs They allow US employers to hire foreign nationals to work in the United States in agricultural and non-agricultural jobs, respectively. USCIS approves H-2A and H-2B petitions only for nationals of countries that the Secretary of Homeland Security has designated as eligible to participate in the programs.
Citizens of 88 countries around the world will be able to participate in this call. Of these, the eligible Latin American countries are Ecuador, Argentina, Brazil, Chile, Colombia, Costa Rica, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic and Uruguay. In the case of Paraguay, its citizens will only be able to access H-2A visas for temporary agricultural work.
The countries that have been excluded could have incurred “fraud, abuse, denial rates, demurrage rates, concerns about human trafficking and other forms of non-compliance with the terms and conditions of the H-2 visa programs by nationals of said country that go against the interests of the United States ”, according to a statement from the US entity.
The United States has issued more than 65,000 H-2 visas in 2020. For this year, the US authorities plan to deliver a maximum of 66,000 such visas. According to the statistics of previous calls, Mexico is the country that requests the most visas, representing 74.4% of the requests.
To obtain the H-2A (for agricultural jobs) or H-2B (for non-agricultural jobs) visa, the worker must get a job in the United States and be sponsored by his employer. To do this, the worker must go to the recruitment agencies for migrant workers.
Later The company must submit the Application for Temporary Work Certification at the Department of Labor. If certification is issued, the sponsor must file Form I-129 for the nonimmigrant worker petition so that a visa can be issued for the foreign employee.
If the United States Citizenship and Immigration Services approves the employer’s petition, The worker may go to the US embassy or consulted in his country to process the temporary work visa.
In the case of both types of visa, the jobs are temporary. Furthermore, se must show that there are not enough “capable, willing, qualified and available” American workers to do the job. Too It must be proven that the hiring of H-2A and H-2B employees will not affect the wages and working conditions of US employees in similar tasks.
For the H-2B visa (of non-agricultural work), lEmployers must meet other requirements before applying for a foreign worker. For example, if the hiring will be done only once, the employer must show that it has not employed workers to perform the service or work previously, and that it will not need workers to perform the service or work in the future.
If hiring under the H-2B visa it’s by season, the employer making the request must verify that the hiring to be carried out is traditionally related to the season of the year by an event or pattern of events, and of a recurring nature.
An employer may also apply for “need per maximum loadThis refers to the fact that you regularly employ permanent workers to perform services or in the workplace, that you need to temporarily supplement your permanent work equipment in the workplace due to seasonal or short-term demand and that the Temporary employees joining the work team will not be part of the employer’s regular operation.
In the case of intermittent need, the employer must show that it has not employed permanent or full-time workers to perform the services or work and that it occasionally or intermittently needs workers to perform certain services or jobs for short periods of time.
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