US Visas For Landscapers

The most common types of visas for landscapers are H-2B and H-2A visas, depending on the nature and duration of the work. Below is a general guide to the application process.  Or you can contact our Culver City, CA immigration lawyer that has over twenty five years of experience and we’ll take care of all of it for you.

1. Determine The Appropriate Visa Type

• H-2B Visa (Non-Agricultural Temporary Workers): Suitable for seasonal, temporary landscaping work (e.g., installing lawns, maintaining parks).
• H-2A Visa (Agricultural Workers): Suitable for agricultural landscaping work (e.g., farming-related landscaping tasks).

2. Employer Requirements

This is important to note: the U.S. employer must initiate the process; many employees reach out thinking they need to start this when in reality the company must do it:

1. Petition For Temporary Labor Certification:
   • File Form ETA-9142B (H-2B) or ETA-9142A (H-2A) with the U.S. Department of Labor (DOL) to show there are not enough U.S. workers available and willing to perform the job.
2. Approval From DOL:
   • Obtain a certification that approves hiring foreign workers.
3. File Form I-129 With USCIS:
   • Submit the petition to U.S. Citizenship and Immigration Services (USCIS) for the visa approval

3. Employee Application Process

Once the employer’s petition is approved:

1. Complete Form DS-160:
   • Each worker must complete the DS-160 online visa application form.
2. Pay The Visa Fee:
   • Check the U.S. embassy or consulate website for the applicable fee.
3. Schedule A Visa Interview:
   • Workers must schedule an appointment at the nearest U.S. embassy or consulate.
4. Prepare For The Interview:
   • Workers need:
     • Passport valid for at least six months beyond the intended stay.
     • Confirmation of Form DS-160 submission.
     • Proof of job offer (copy of the I-129 approval).
     • Any additional documents specified by the embassy.

4. Attend The Visa Interview

During the interview, workers must:

• Explain the nature of the work.
• Provide evidence that they will return to their home country after the job ends.
• Answer questions about their background and intentions in the U.S.

Our firm can help prepare you for what questions will be asked so that your employees can be well-prepared for their interview.

5. Wait For Visa Decision

• The U.S. embassy/consulate will decide whether to issue the visa.
• Processing times vary based on the embassy and workload.
• If the visa is denied, it is best to contact a legal professional for help to determine what went wrong and how to correct it.

Important Notes

• Seasonality: H-2B visas are limited by a yearly cap (66,000 annually), so applications should be submitted early.
• Worker Responsibility: Workers must comply with visa conditions, including the authorized stay duration.
• Employer Compliance: Employers must adhere to fair labor standards, including wages and working conditions.

We hope this guide has been helpful, but we understand how confusing this area of the law is. That is why you should reach out to Bolour / Carl Immigration Group, APC for help to ensure that you are filing all of your paperwork properly. We also have attorneys that speak Spanish and Persian.