For employers who hire temporary foreign workers, understanding the proper visa programs to legally bring these workers to the U.S. is vital. The H2A and the H2B visa programs can work for foreign temporary workers, but they're slightly different. H2A caters to seasonal agricultural migrant workers, while H2B is for non-agricultural work.
Here's a closer look at these programs and how to use them to find seasonal workers when needed.
What Are the H2A and H2B Visa Programs?
Worker visa programs are legal pathways that allow businesses to hire foreign citizens. Specifically, these programs allow foreign citizens to reside and work in the country for a temporary or permanent period.
There are two key types of employment visas, with one applying to the agriculture industry, and the other two all other types of businesses.
Here is what you need to know:
What Is the H2A Visa Program?
The H2A visa program applies to agricultural workers. Nurseries, farms, ranches, orchards, and similar businesses can use this visa program to bring in workers temporarily to help with seasonal work, including harvesting, planting, and livestock herding.
What Is the H2B Visa Program?
The H2B visa program is for seasonal, temporary workers in other sectors. These workers may be needed in meat or seafood processing, hospitality, construction, tourism, and landscaping. Truck drivers can also be the type of worker that comes to the U.S. under this visa, especially during current shortages.
What Is the Difference Between H2A and H2B Visas?
There are specific differences between these two visas.
The following chart breaks down the key differences between the two:
|
Regulation |
H2A Visa Program |
H2B Visa Program |
|
Type of Work |
The H2A visa applies entirely to agricultural work. | The H2B visa applies to all other types of work. |
| Duration of Stay | Maximum duration of stay is three years under extenuating circumstances. Otherwise, H2A visas allow for a one-year duration of stay. | Maximum duration of stay is three years if given an extension due to a one-time issue. Otherwise, H2A visas allow for a one-year duration of stay. |
| Employer Obligations | Employers must provide H2A employees with housing and daily transportation to and from the housing to the place of work, in addition to common obligations including covering transportation to and from the nonimmigrant's home country and paying a fair wage. | Common obligations include covering transportation to and from the nonimmigrant's home country and paying a fair wage. |
Similarities Between H2A and H2B Visa Programs
Despite some differences, the H2A and H2B visa programs share many similarities.
These include:
- Temporary in nature
- Similar application requirements for employer and employee
- Requires prospective employees to be nationals of an eligible country
- Employing nonimmigrant workers cannot hurt the wages and working conditions of similar American national workers
- Requires the employer to apply for temporary labor certification to the U.S. Department of Labor before the employee can apply for the visa
- Applied for through the U.S. Department of State at an embassy or consulate
Updates to Qualifications for Jobs Involving Commercial Motor Vehicles
Issued in April, 2025, Executive Order 14286 established new requirements for employers hiring a visa employee to operate a commercial motor vehicle.
Specifically, employers must now include an English language proficiency standard when hiring said employees.
Evidence of English language proficiency may include:
- Documentation that the candidate has passed a standardized English language examination
- A signed statement from the petitioner attesting that they know the candidate has the required level of English language proficiency
Challenges for Employers
Hiring foreign nationals for temporary needs can create a few challenges for employers. First, you must prove that your need is temporary and that there aren't qualified American workers who can tackle the work. Second, there are stringent requirements for housing and transportation under the H2A program, and you must meet these well. Finally, you must know and meet all government guidelines, both at the federal and state levels, to hire these workers.
The best way to overcome these challenges is to work with a qualified immigration professional who can help you and your temporary employees navigate these unique challenges. With the right legal help with immigration law knowledge, you can successfully utilize these programs without undue risk to your business.
The financial side of hiring H2A and H2B employees is also challenging. You are required by law to pay your workers a fair wage and pay it on time. You must also give workers itemized, written statements showing the deductions taken. You aren't required to withhold federal income tax, but there may be local and state taxes you need to withhold. Working with a payroll solutions organization that understands migrant workers can help you navigate these challenges.
Frequently Asked Questions (FAQ)
Here are some common questions regarding H2A and H2B visa programs:
What is the H-2A visa program?
The H-2A visa program allows agricultural businesses to temporarily hire foreign workers for seasonal work. Nurseries, farms, ranches, orchards, and similar businesses can use H-2A workers for jobs such as harvesting, planting, and livestock herding.
What is the H-2B visa program?
The H-2B visa program is designed for seasonal, temporary workers in non-agricultural industries. Examples include meat and seafood processing, hospitality, construction, tourism, landscaping, and certain truck-driving positions.
What is the difference between H-2A and H-2B visas?
The primary difference is the type of work covered. H-2A visas are specifically for temporary agricultural work, while H-2B visas are for temporary, seasonal non-agricultural work. H-2A employers also have additional obligations, including providing housing and daily transportation between the housing and workplace.
What are the requirements for employers hiring H-2A or H-2B workers?
Employers must demonstrate that their need for workers is temporary and that there are not qualified American workers available to perform the work. Employers must also apply for temporary labor certification through the U.S. Department of Labor before the worker can apply for the visa.
Do H-2A employers have to provide housing and transportation?
Yes. H-2A employers must provide housing and daily transportation between the workers' housing and their place of employment. H-2A employers also have other obligations, including transportation to and from the workers' home country and paying a fair wage.
Are employers required to withhold federal income tax from H-2A and H-2B workers?
Employers are not required to withhold federal income tax from H-2A and H-2B workers. However, employers may still need to withhold applicable state and local taxes. Employers must also pay workers a fair wage on time and provide itemized written statements showing deductions.
How long can H-2A and H-2B workers stay in the United States?
Both programs are temporary in nature. Generally, the visas allow for a one-year duration of stay, with a maximum stay of three years under certain circumstances or extensions.
Seasonal Workers Can Be Challenging: The Right Help Can Make It Work
Hiring seasonal migrant workers, whether for your agricultural business or another type of seasonal work, can be challenging. The H2A and H2B visa programs can be difficult to understand for you and your workers. However, once you get the right help, you can take advantage of these programs to bring in the right help.
Are you looking for efficient payroll management for your foreign temporary workers? Contact Workforce PayHub today for comprehensive payroll services tailored to your unique needs!
