H-2A H-2B H-1C Worker Visas Nashville | Yankey Law Group

Seasonal & Other Worker Visas | Yankey Law Group

What Are Seasonal & Other Worker Visas?

Seasonal worker visas address temporary labor shortages in specific sectors include: 

• The H-2A visa is for agricultural jobs 
• The H-2B for non-agricultural seasonal positions
• The H-1C (which expired in 2009) was for registered nurses in designated shortage areas. These visas are governed by the Immigration and Nationality Act (INA) and require Department of Labor (DOL) certification to ensure no adverse effect on U.S. workers. 

They are temporary and employer-specific, with H-2A uncapped and H-2B subject to annual limits. Benefits include filling critical roles, but they do not lead directly to permanent residency.

H-2A Visa (Temporary Agricultural Workers) Eligibility and Requirements

The H-2A visa allows U.S. agricultural employers to hire foreign workers for temporary or seasonal jobs when U.S. workers are unavailable.

Special cases include exemptions for returning workers from recruitment requirements, and Adverse Effect Wage Rates (AEWR) updated annually by DOL (e.g., varying by state for FY 2025).

H-2B Visa (Temporary Non-Agricultural Workers) Eligibility and Requirements

The H-2B visa is for U.S. employers to hire foreign workers for temporary non-agricultural jobs, such as in hospitality or construction, when U.S. workers are unavailable.

Special cases: The FY 2025 cap was reached in July 2025, with supplemental visas available for specific nationalities.

H-1C Visa (Nurses in Shortage Areas) Eligibility and Requirements

The H-1C visa program, which expired on December 20, 2009, allowed hospitals in designated health professional shortage areas to hire foreign registered nurses temporarily. 

No new H-1C visas are issued, but historical information is provided for reference, with alternatives like EB-3 or H-1B recommended.

Special cases: The program was limited to 500 visas per state annually; current nurse shortages may qualify for other visa categories.

Required Evidence and Documentation

Common documentation includes a job offer, DOL temporary labor certification (Form ETA-9142B), and worker passports. 

• For H-2A, include housing and transportation plans. 
• For H-2B, provide evidence of temporary need and cap eligibility (e.g., nationality for supplemental). 
• H-1C required CGFNS reports and licensure proof (historical).

The Application Process

The process for H-2A and H-2B is similar:

1. Employer files for DOL temporary labor certification (60-75 days in advance for H-2A; 75-90 days for H-2B).
2. Upon DOL approval, file Form I-129 with USCIS (~$460 fee; premium processing ~$2,805 for 15-day review).
3. If approved, workers apply for visas at a U.S. Embassy/Consulate (DS-160, interview).
4. Enter the U.S. with Form I-94.

For H-1C (historical): Similar but with hospital attestation and nurse qualifications. Timeline: H-2A/H-2B total 3-6 months.

Duration, Extensions, and Work Authorization

• H-2A visas are granted for the period of need plus 10 days, with extensions possible if the need continues. 
• H-2B visas are up to 1 year initially, with extensions in 1-year increments up to 3 years total; after 3 years, workers must depart for 3 months to reset. 
• H-1C was limited to 3 years with no extensions. Work authorization is employer-specific and job-limited; no dual intent. 
• Family members (H-4) are admitted but not authorized to work.

Family Members and Dependents

H-4 status is available for spouses and children under 21 of H-2A, H-2B, or H-1C holders.

Dependents receive the same duration as the principal but are not permitted to work or receive employment authorization. They may study in the U.S. without requiring a separate student visa.

Common Issues, Denials, and How to Avoid Them

Common issues include DOL denials for inadequate U.S. worker recruitment, cap exhaustion for H-2B, and wage violations. 

Denials may occur if the temporary need is not sufficiently demonstrated or under INA Section 214(b) for immigrant intent. 

To avoid, file early (especially for H-2B cap), ensure compliance with housing and wage requirements, and provide detailed evidence of labor shortages.