Every year, employers all over the country need workers to fill temporary seasonal positions at their companies. Despite their best efforts to hire locally, often companies fill these positions are filled with temporary foreign workers. For employers, these temporary workers may be an important part of their seasonal success.
As the largest suburb in the greater Nashville area, many Murfreesboro based companies have a growing need for a reliable temporary workforce. Working with an experienced Murfreesboro employment-based immigration lawyer can help companies secure workers through a visa program and make the process run more smoothly for both employers and employees. Learn more by scheduling a consultation with one of our seasoned immigration attorneys at Youngblood & Associates.
Temporary Employment Visas
To hire foreign workers, a US based company must apply for the correct type of employment visa, which is a special type of permit for workers to enter and leave a country. Two of the most common types of temporary visas for companies in need of temporary workers are the H-2A and H-2B visas. A qualified immigration attorney in Murfreesboro can help employers understand the detailed legal requirements for each type of program.
H-2A Visa Program
The H-2A program is a federal program that permits employers to bring foreign nationals to the United States for temporary jobs in the agricultural sector. The employer must meet certain regulatory requirements to qualify, including the following:
- Offer a seasonal or temporary job
- Show that there are not enough workers already in the United States who are able, willing, qualified, and available to do the temporary work
- Demonstrate that bringing H-2A workers will not negatively affect the wages and working conditions of workers in the United States in similar positions
- Submit a valid temporary labor certification obtained from the U.S. Department of Labor with an H-2A petition
There are many other factors an employer must consider when pursuing an H-2A visa—such as eligible countries of origin, authorized period of stay, and extension requests. Skilled business immigration lawyers in Murfreesboro can explain the nuances of the H-2A visa program to help ensure the employer’s needs are met and that employees are in compliance with all of the program’s requirements.
H-2B Visa Program
Like the H-2A program, the H-2B program allows U.S. employers to hire immigrants for temporary jobs, but for positions in the nonagricultural sector. These workers are often called guest workers. A statutory cap, or limit, of 66,000 H-2B visas is available each fiscal year. Half are granted for work starting from October 1 to March 31, and the other half are given from April 1 to September 30.
For an H-2B visa to be granted, employers must meet similar regulatory requirements to the H-2A visa but must also show that the need for the prospective workers’ services is temporary, even if the underlying job is not. Permitted categories are one-time occurrence, seasonal need, peak-load need, or intermittent need. Employers in the Murfreesboro area should seek counsel from a knowledgeable immigration attorney to navigate the visa process and help employers provide the right type of evidence to demonstrate their need.
Call a Murfreesboro Business Immigration Attorney for Assistance
As long as all of the important regulatory requirements are met, providing temporary job opportunities for noncitizen workers who qualify for an H-2A or H-2B visa can benefit both employers and employees. However, employers who run afoul of the rules could find themselves in legal trouble. The United States Department of Labor has pursued enforcement initiatives regarding the H-2B guest worker program throughout the Southeast, including Tennessee. There are also controversies regarding the enforcement of the Farmworkers Protection Rule, which applies to temporary agricultural workers under the H-2A visa program.
If your business is considering hiring temporary workers under the H-2A or H-2B visa programs, consulting with a well-practiced Murfreesboro employment-based immigration lawyer can help set your program up for success. Our attorneys can also review existing practices to help identify any potential pitfalls before they become a legal problem for employers.
(931) 274-7811 