The H-2 visas fall into the non-immigrant category of US visas for UK residents and other foreign nationals. They consist of two categories: the H-2A and the H-2B.

The H-2A visa applies to aliens entering the United States to perform agricultural work of a temporary or seasonal nature. Therefore, a foreigner with an H-2A visa can temporarily live and work in the US.

The H-2B visa applies to persons whose job skills or occupation do not rise to the level of an H1B visa beneficiary and who are entering the United States to perform temporary work for a United States employer.

According to our employment law advisors, this means that if a US employer requires an alien worker for temporary, seasonal or intermittent work, then the employer may do so after obtaining a labour certification to the effect that there are no US persons willing and able to perform the job requested and the employment of the alien does not adversely affect wages and working conditions of employees in the United States.

The H-2 visa is granted for a one-year period and may be extended in one-year increments for a maximum of three years.
If you require legal assistance with the preparation of H-2 visas or other US work visas for UK residents, please contact Solutions in Law today to schedule an appointment with one of our experienced and helpful attorneys. For additional employment law resources, please peruse our website.