Purpose and Background
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USCIS Policy Manual › Volume 2 - Nonimmigrants › Part I - Temporary Agricultural and Nonagricultural Workers (H-2) › USCIS Policy Manual, Vol. 2, Pt. I, Ch. 1
Text
A. Purpose
The temporary agricultural worker (H-2A) nonimmigrant visa classification applies to an alien seeking to perform agricultural labor or services of a temporary or seasonal nature in the United States. [1]
The temporary nonagricultural worker (H-2B) nonimmigrant visa classification applies to an alien seeking to perform temporary nonagricultural labor or services in the United States if U.S. workers are not available. [2]
B. Background [Reserved]
[Reserved]
C. Legal Authorities
- INA 101(a)(15)(H) – Aliens coming temporarily to the United States to perform services
- 8 CFR 214.2(h) – Temporary employees
Footnotes
[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.
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