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Release Date : November 15, 2024

The H-2A and H-2B visa programs allow U.S. employers to hire foreign nationals for temporary agricultural and non-agricultural jobs. However, participation is limited to nationals of countries designated as eligible by the Department of Homeland Security (DHS), with the concurrence of the Secretary of State. For 2024–2025, the DHS has released updated lists of eligible countries. These designations are based on factors such as cooperation in returning nationals subject to removal orders and compliance with visa program requirements. Let’s explore which countries are included. What Are the H-2A and H-2B Programs? H-2A Program : For temporary agricultural workers. H-2B Program : For temporary non-agricultural workers. Summary of Countries Eligible for H-2A and H-2B Programs The H-2A and H-2B programs enable U.S. employers to hire foreign workers for temporary agricultural and non-agricultural roles, respectively. Below is a summary of eligible countries based on the latest designation.

As the landscaping industry continues to experience seasonal fluctuations in demand, many companies struggle to maintain a reliable and skilled workforce during peak periods. One highly effective solution is hiring seasonal foreign workers through the H-2B visa program. This temporary non-agricultural worker visa allows landscaping businesses to meet their labor needs while benefiting from a dependable workforce. Here, we will explore the numerous benefits of hiring H-2B visa workers for your landscaping company, emphasizing how the temporariness and reliability of this labor pool can transform your operations. What is the H-2B Visa Program? The H-2B visa program is a federal initiative that allows U.S. employers to hire foreign workers for temporary non-agricultural positions, including roles in the landscaping industry. This program is particularly valuable during the busy spring, summer, and fall seasons when demand for landscaping services is at its highest. The application process involves proving that there is a temporary need for workers, obtaining labor certification from the Department of Labor, and ensuring that U.S. workers are not available for these roles. While the process may seem complex, the rewards are substantial for landscaping companies looking to maintain a consistent workforce during their busiest periods. Key Benefits of Hiring H-2B Foreign Visa Workers 1. Filling Seasonal Labor Gaps Landscaping work often peaks during specific seasons, making it challenging for companies to maintain a full-time staff year-round. With the H-2B visa program, landscaping companies can hire seasonal workers only when demand is high, ensuring that there are enough hands on deck for large projects without the burden of year-round employment costs. This flexibility in labor management allows businesses to scale their workforce according to the season, minimizing expenses while maximizing productivity. 2. Dependable and Skilled Workforce H-2B visa workers are known for their reliability and dedication. Many workers under this program return to the same employers year after year, forming a seasoned and experienced team. By hiring foreign workers under the H-2B visa, landscaping companies can count on a dependable workforce that is ready to perform at a high level. This consistency can significantly reduce training time and enhance the overall efficiency of your team. 3. Temporary Employment Reduces Long-Term Costs One of the primary benefits of hiring H-2B visa workers is the temporary nature of their employment. Landscaping companies can bring on workers for just the duration of the busy season, alleviating the financial burden of year-round salaries and benefits. This targeted approach to staffing allows businesses to remain lean and focused during slower periods, without compromising on quality during peak months.  4. Ensuring Compliance with Labor Laws By utilizing the H-2B visa program, companies can ensure that they are fully compliant with U.S. labor laws. The program requires employers to pay prevailing wages and provide fair working conditions, ensuring that workers are treated ethically. This compliance not only protects the workers but also shields businesses from potential legal issues associated with improper hiring practices. 5. Reducing Overtime Costs Hiring H-2B workers during peak seasons helps reduce the need for existing employees to work overtime. Overworking regular staff can lead to burnout and decreased productivity, but with an influx of temporary workers, landscaping companies can distribute workloads more evenly. This not only boosts morale but also keeps labor costs in check. Conclusion: A Strategic Solution for Landscaping Companies In conclusion, hiring H-2B visa workers is a smart, strategic move for landscaping companies that need a reliable, skilled, and temporary workforce during peak seasons. The benefits of hiring seasonal foreign workers, including dependability, cost-efficiency, and flexibility, make this program a perfect fit for the dynamic demands of the landscaping industry. By leveraging the H-2B visa program, businesses can thrive during their busiest times while staying lean during off-seasons. If you're looking to boost your workforce while keeping costs manageable, consider hiring H-2B visa workers for your landscaping company today. Contact Castro Law, PLLC today to schedule a consultation and learn how we can help your business grow with the right workforce in place.

If you or a loved one is experiencing a temporary illness, disability, injury, or requires hospice care, you may need a temporary personal care aide. The H-2B visa program allows U.S. employers to hire foreign nationals for non-agricultural temporary work, including personal care aides, when there is a one-time occurrence or temporary need. This guide will walk you through the process of applying for an H-2B visa for a personal care aide, ensuring that you meet all necessary requirements and streamline your application. The H-2B visa will allow your foreign worker to legally stay and work as a personal care aide for up to three years. Step 1: Determine Eligibility for the H-2B Visa Program Before applying, it's crucial to determine whether your situation qualifies under the H-2B visa program . The H-2B visa is specifically designed for temporary non-agricultural workers, and the need for a personal care aide must be temporary or due to a one-time occurrence. Common qualifying circumstances include: Temporary illness or injury requiring personal care assistance. Temporary disability that limits mobility or daily activities. Hospice care for a terminal condition requiring full-time care. Step 2: Obtain a Temporary Labor Certification from the Department of Labor (DOL) The first official step in the H-2B visa application process is obtaining a Temporary Labor Certification from the U.S. Department of Labor (DOL). This certification verifies that: There are no qualified U.S. workers available for the position. The employment of a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. To obtain this certification: Submit a Prevailing Wage Request to the DOL to determine the appropriate wage for the personal care aide position. Recruit U.S. workers by advertising the job opening as required by the DOL, including posting the job on state workforce agency job banks. File the Temporary Labor Certification with the DOL, including the results of your recruitment efforts, showing that no qualified U.S. workers were available. The DOL will review your application and, if approved, issue a Temporary Labor Certification . Step 3: File H-2B Application with U.S. Citizenship and Immigration Services (USCIS) Once you have obtained the Temporary Labor Certification, you must file the H-2B Petition for a Nonimmigrant Worker with U.S. Citizenship and Immigration Services (USCIS). This form serves as a petition to bring the foreign worker to the United States under the H-2B visa category. USCIS will review your petition and, if approved, forward the application to the U.S. Department of State for visa processing. Step 4: Worker’s Visa Application and Interview After USCIS approves the petition, the foreign worker must apply for an H-2B visa at the U.S. embassy or consulate in their home country. The worker will need to: Complete the Online Nonimmigrant Visa Application . Pay the visa application fee. Schedule and attend an interview at the U.S. embassy or consulate. During the interview, the worker will be required to provide documentation supporting the temporary nature of the employment and their intent to return home after the visa expires. Step 5: Entry into the United States and Employment Once the H-2B visa is issued, the personal care aide can enter the United States and begin their temporary employment. The initial period of stay for an H-2B worker can be up to one year, but it may be extended in certain circumstances, with a maximum stay of three years. Key Considerations for Employers Timeline : The entire process, from obtaining the Temporary Labor Certification to the worker’s visa issuance, can take several months. Plan accordingly to ensure that the aide is available when needed. Compliance : Employers must comply with all H-2B program requirements, including paying the prevailing wage and maintaining accurate records of recruitment and employment. Return of the Worker : The worker must return to their home country after the temporary employment period ends. Failure to do so may impact future visa applications. Conclusion The H-2B visa program offers a viable option for employers needing temporary workers to meet specific, non-recurring needs, such as hiring a personal care aide for a temporary illness or injury. By following the steps outlined above, you can successfully navigate the application process and ensure that you meet all legal requirements. For more information or professional assistance, consider consulting with Castro Law PLLC to guide you through the complexities of the process and help you secure the necessary labor support during this critical time.

As part of its commitment to promoting family unity within the immigration process, the Department of Homeland Security (DHS) has introduced a new initiative as aligned with the Biden-Harris administration's dedication to keeping families together. This initiative involves a case-by-case consideration process for granting parole in place to certain non-citizen spouses of U.S. citizens. These individuals must have resided in the U.S. for at least ten years. Important Dates and Requirements: Application Acceptance: USCIS will begin accepting applications for this process on August 19. It is crucial to note that any applications submitted before this date will be rejected. Eligibility Criteria: To qualify, applicants must: Have been continuously present in the U.S. for at least 10 years as of June 17, 2024. Be married to a U.S. citizen as of June 17, 2024. Not have disqualifying criminal records or pose threats to national security or public safety. Meet other criteria that merit favorable discretionary consideration. Application Preparations: Although applications are not yet being accepted, potential applicants are advised to begin gathering necessary documentation, including proof of marriage and long-term residence in the U.S., which may include rent receipts, school records, or medical records among others. Beware of Scams: USCIS warns against scams. Official communication will only be through recognized channels, not via social media or unsolicited calls. Ensure any legal advice or assistance is from accredited sources. Future Updates: Detailed eligibility and application procedures will be outlined in a forthcoming Federal Register notice. For continuous updates and further instructions, keep an eye on the USCIS official webpage dedicated to the Unity and Stability of Families. For individuals potentially eligible for this new policy, now is the time to prepare by collecting relevant documents and ensuring your myUSCIS accounts are up to date. Be vigilant against fraud and stay informed through official sources.

Are you seeking immigration options for employing a nanny? Families or individuals seeking short-term childcare may benefit from the H-2B nonimmigrant visa program. Understanding Nanny Immigration Options: When it comes to hiring a nanny from a foreign country, families have several immigration options to consider, such as the cultural exchange au-pair J-1 Visa, the B-1 visa for accompanying domestic help, or the H-2B visa for temporary help. This article delves into the H-2B visa option for nannies. The H-2B Nonimmigrant Visa for Nannies: The H-2B visa has gained popularity as an ideal solution for families seeking to employ nannies temporarily. This nonimmigrant visa program allows employers to hire foreign workers when no qualified U.S. workers are available. By leveraging the H-2B visa, families can ensure consistent childcare during peak seasons or when local talent is scarce. Requirements for Hiring a Nanny on an H-2B Visa: To employ a nanny through the H-2B visa program, families must fulfill specific requirements. They need to demonstrate a temporary or seasonal need for a nanny due to factors like increased workloads, intermittent schedules, or other specific family circumstances. It is essential to prove that no U.S. workers are available and willing to perform the job, protecting American workers' interests. Keep in mind, to be approved for an H-2B nanny visa, the family must show that the nanny is not for a permanent need. A temporary need for purposes of the H-2B program is defined as a one-time occurrence, a seasonal need, a peakload need, or an intermittent need. Generally, this means that the maximum period of need must be one year or less. However, in the case of a one-time occurrence, a temporary need could last up to 3 years. The Process of Obtaining an H-2B Visa for a Nanny: Securing an H-2B visa for a nanny involves a step-by-step process. First, families must submit a temporary labor certification application to the Department of Labor (DOL), demonstrating their recruitment efforts to hire U.S. workers. Once the DOL approves the certification, the family can proceed with the visa application through U.S. Citizenship and Immigration Services (USCIS). Early planning is crucial due to the annual cap on H-2B visas. Benefits of the H-2B Visa for Families and Nannies: The H-2B visa program offers numerous advantages for both families and nannies. Families can ensure uninterrupted childcare during demanding periods and find qualified caregivers who meet their specific needs. They can also expose their children to diverse cultures through interactions with foreign nannies. On the other hand, nannies benefit from professional growth, cultural immersion, and improved financial prospects while working in the United States. When considering immigration options for employing a nanny, families should explore various avenues to meet their child care requirements legally. The H-2B nonimmigrant visa program stands out as an excellent solution, enabling families to hire foreign nannies when local talent is scarce. By following the necessary steps and meeting the program's requirements, families can ensure quality child care, while nannies gain professional experience and cultural exposure. Embracing the H-2B visa program creates a win-win situation for families and nannies, fostering a positive and enriching child care experience.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) recently announced new designs to improve security of Permanent Resident Cards (also known as Green Cards) and Employment Authorization Documents (EADs). USCIS will begin issuing the redesigned cards on Jan. 30, 2023. The new Green Card and EAD designs contain state-of-the-art technology that continues to safeguard national security and improve service for customers. Changes include improved detailed artwork; tactile printing that is better integrated with the artwork; enhanced optically variable ink; highly secure holographic images on the front and back of the cards; a layer-reveal feature with a partial window on the back photo box; and data fields displayed in different places than on previous versions. “This redesign further demonstrates USCIS’ commitment to taking a proactive approach against the threat of secure document tampering, counterfeiting, and fraud,” said USCIS Director Ur M. Jaddou. “Consistent updates to secure documents, informed by our knowledge of the latest methods of bad actors and the innovation and ingenuity of our staff, ensure the continued integrity of secure documents issued by our agency.” The introduction of the new designs does not mean that currently issued cards are invalid. Current cards remain valid until their expiration date (unless otherwise noted, such as through an automatic extension of a Green Card or EAD as indicated on a Form I-797, Notice of Action, or in a Federal Register notice). Some Green Cards and EADs issued after Jan. 30, 2023, may still display the existing design format because USCIS will continue using existing cardstock until current supplies are depleted. Both versions of the cards are acceptable for Form I-9, Employment Eligibility Verification; E-Verify; and Systematic Alien Verification for Entitlements (SAVE). Some older Green Cards do not have an expiration date. These older Green Cards without an expiration date generally remain valid; however, USCIS encourages applicants with these older cards to consider applying for a replacement card to prevent fraud or tampering should the card ever get lost or stolen. See USCIS’s official announcement by clicking here .

U.S. Citizenship and Immigration Services has received enough petitions to reach the cap for the additional 18,216 H-2B visas made available for returning workers for the first half of fiscal year (FY) 2023 with start dates on or before March 31, 2023, under the recently announced H-2B supplemental cap temporary final rule. USCIS continues to accept petitions for H-2B nonimmigrant workers for the additional 20,000 visas allotted for nationals of Haiti, El Salvador, Guatemala, and Honduras. USCIS recently began accepting H-2B petitions under the Dec. 15 temporary final rule increasing the cap by up to 64,716 additional H-2B nonimmigrant visas for fiscal year FY 2023. Of the 64,716 additional visas, 44,716 were available only for returning workers. The remaining 20,000 visas are set aside for nationals of Haiti, El Salvador, Guatemala, and Honduras who are exempt from the returning worker requirement. Petitioners whose workers were not accepted for the 18,216 returning-worker allotment are encouraged to file under the Haiti, El Salvador, Guatemala, and Honduras allotment while visas remain available. As of January 26, 2023, USCIS has received petitions requesting 4,260 workers under the 20,000 visas set aside for nationals of Haiti, El Salvador, Guatemala, and Honduras. USCIS will continue to accept H-2B petitions for workers filing under the Haiti, El Salvador, Guatemala, and Honduras allotment, as well as those who are exempt from the congressionally mandated cap. This includes petitions for: Current H-2B workers in the United States petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers; Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam (until Dec. 31, 2029). Additional information on the FY 2023 supplemental visas is available here .

On January 12, 2023, the Department of Homeland Security announced that the new scheduling function in the CBP One mobile application is now live. The system, called CBP OneTM, will allow DHS to more efficiently schedule and manage the processing of individuals at the border, with a focus on ensuring that the process is safe, orderly, and humane. The release states that the system will enhance DHS's ability to manage the flow of individuals at the border and ensure that resources are used in an effective and efficient manner. The release also notes that the system will improve DHS's ability to provide real-time information on processing times and wait times to individuals seeking to enter the United States. Overall, the implementation of CBP OneTM is intended to improve the efficiency and effectiveness of the border processing system while ensuring the safety and well-being of all individuals involved.