Legal work for foreign temporary manual workers

[ducky06 0]

This may seem like a completely ridiculous question, but I figured it can't hurt to ask. Does anyone know of employers who hire seasonal migrant workers for manual labor under the H-2A or H-2B categories? It seems like the H-2A/H-2B categories could allow some wiggle room for that, but practically speaking I wonder if anyone actually does hire foreign manual laborers under those categories, given the expense, the availability of non-documented workers, and the difficulty of proving the requirements (e.g. that hiring a foreigner will not impact USC jobs, which seems really difficult to prove in terms of "unskilled" labor).

I ask because I lived in Guatemala for two years and many of my friends want to come to the US to gain some financial security. (In fact, most of the people where I lived have, but the passage through Mexico is now so expensive and dangerous that most are reconsidering it.) A visa under these categories seems to me the only legal and secure option for unskilled laborers to turn a quick profit, aside from marrying a US citizen/permanent resident or having a USC or PR relative who can petition on their behalf for permanent residency (which most don't). But if employment under these categories is possible, how could a foreign manual laborer get hooked up with such an opportunity?

Does anyone have any more info on this?

Thanks!

[jaycali 415]

Hey there. Unless the manual labor consists of brain surgery, you can forget about the H-1B.

However, the H-2A visa is in place for seasonal, unskilled workers to work seasonally (up to one year) in an area of the country where employers might find it difficult to hire enough willing and able employees.

As for manual labor, I really don't have many hints to give you as far as employees go. But I do have a tip as far as where to begin looking.

I worked a summer up in the Alaskan panhandle (Skagway and Juneau). Nearly half the town of Skagway were H-2A visa holders who worked everything from the grocery store to heavy lifting here and there. The southeastern part of Alaska is one of the busiest cruise ship destinations in the world, and the small towns there don't have nearly enough people to support the sudden boom in demand for employees in the late spring/early summer. From what I saw, H-2A visas and employers willing to sponsor them were flourishing. However, most applied in February/March since Alaska's tourist season only lasts from May through September.

There is unfortunately virtually no way for an unskilled worker, with no immediate family ties in the US to get permanent residency, short of winning the green card lottery (Diversity Visa) or being granted asylum/refugee status.

Edited May 30, 2012 by jaejayC

[Boiler 45,525]

In Colorado it is called the Ski Visa as most seem to be used for Ski Instructors.

I believe that the large Hotels in Denver and Colorado Springs used them as well, but with so many illegals available and the number out of work not sure it is worth the time and hassle.

I would start looking for a local agent. I doubt that US Employers would recruit farm labourers directly.

[Noah Lot 391]

H2A is for Agricultural workers; H2B for unskilled, usually seasonal workers. there is no cap in the H2A, but there is one (66,000 annually) for H2B. The H2B category is rife with abuse, both from hordes of workers who forget to return and use this opportunity to go spouse hunting, and an equal number of unscrupulous 'employers' who find ways to charge fees to would-be workers, charge them for tools, food, etc, and run their operation like the old company mining towns of yesteryear. And, in theory, the employer has to somehow prove that no Americans are available to run ski lifts, make beds or plant grass.

[catknit 144]

One of my former employers used the H2B program for 50%+ of their staff. They were an event planning/party/tent rental company. As the owner had political aspirations, he was adamant about making sure everyone was legal. [And the vast majority were Guatemala btw].

They used an attorney stateside who handled everything and hired staff via word-of-mouth from well trusted employees who returned each year. Typically, the staff any given summer would be families, cousins, or all from the same locality.

The foreign employees loved the fact that they had papers since most were building compounds/homes. Because they were legitimately in the system they could go home for vacations, their 3 month winter break, etc, etc...it was win-win in this case.

[ducky06 0]

Thanks for the tips. If employers tend not to hire directly, does anyone know how to get hooked up with an agent or lawyer that would be looking for these sorts of workers? Not that there is any shortage of willing labor, but I know a huge group of hard-working individuals who would really benefit from such a visa, and who would also benefit their employer.

I guess another long-shot would be to ask around in resort towns, maybe for next season? Probably wouldn't lead anywhere, but who knows.

As catknit mentioned I could totally see an entire family working for one company after getting that initial connection - a visa like that is the dream of every aspiring migrant worker I knew. And everyone where I lived tended to migrate by word-of-mouth following their family and friends to the same three towns in Maryland. Interesting. Thanks, guys!