Skip main navigation

Outdated or Unsupported Browser Detected
DWD's website uses the latest technology. This makes our site faster and easier to use across all devices. Unfortunatley, your browser is out of date and is not supported. An update is not required, but it is strongly recommended to improve your browsing experience. To update Internet Explorer to Microsoft Edge visit their website.

  2. Employment & Training
  3. Employer
  4. H-2A and H-2B Visa Information for Employers

Need an Alternate Format?

If you have comments regarding any documents on DET's website or need an alternate format, you may contact us via email at: detweb@dwd.wisconsin.gov

H-2A and H-2B Visa Information for Employers

The Department of Workforce Development plays a role in the federal H-2A and H-2B visa process. Both types of visas are administered jointly by the U.S. Department of Labor (DOL) and the U.S. Citizenship and Immigration Services (USCIS).

H-2A Visas

The H-2A temporary agricultural program allows agriculture employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to provide temporary or seasonal agriculture labor or services.

Seasonal employment is tied to a specific time of year by an event or pattern, such as a short annual growing cycle, and requires labor levels above what is necessary for ongoing operations. Employment is temporary, occurring when employers need to fill the position with a temporary worker that will, except in extraordinary circumstances, last no longer than one year.

The application steps include:

  1. Fill a job order for an H-2A job opportunity
  2. Fill an H-2A Application for Temporary Employment Certification (form ETA-142A) and all required appendices and documentation with the National Processing Center.
  3. Conduct recruitment for U.S. workers
  4. Complete the temporary labor certification process

The application process is completed electronically through DOL's Foreign Labor Application Gateway (FLAG) system. Visit the DOL website to learn more about the detailed application process.

USCIS also has additional information on the H-2A program on its website.

DWD's role in the H-2A program

DWD assists DOL in the H-2A application review process during step one of the application process. The employer must create a job order for the position they are seeking to use H-2A visa workers to fill. This job order is reviewed by DWD staff for compliance. If the job order is deficient, DWD issues a notice of deficiency to the employer to identify and correct the job order. Once approved, DWD staff enter the job order in JobCenterofWisconsin.com.

DWD helps to recruit and refer qualified candidates to the employer for this position. Employers are required to hire qualified US workers before using nonimmigrant foreign workers.

Employers should reach out to their local job center for help recruiting local workers before using the H-2A program. Find your local job service business services representative on this web page: DOL's Wage and Hour Division has published fact sheets for employers that can help understand the program requirements on its website.

The H-2A program requires that employers of H-2A workers provide housing at no-cost and that housing is inspected. DWD conducts the required housing inspections under the H-2A program. Housing for seasonal migrant agricultural workers is called a migrant labor camp in Wisconsin. More information on the migrant labor camp inspection process can be found on DWD's migrant labor camp web page.

DWD also provides outreach to all seasonal agricultural workers. A migrant and seasonal farmworker (MSFW) outreach specialist will contact you after your workers anticipated start date to schedule a time to conduct outreach. An MSFW outreach specialist will provide information to your H-2A workers about services available at the local job center, information on other organizations who serve MSFWs in that area, a summary of basic farmworker rights, and information about employment services and employment related law compliant system. Employers must assure that MSFW outreach specialists will have reasonable access to the workers in the conduct of outreach activities as part of the H-2A program.

H-2A Program and Wisconsin's State Migrant Labor Law

DWD administers Wisconsin's migrant laws, Wis. Stat. ยงยง 103.90 to 103.97 and Wis. Admin. Code Ch. DWD 301, which govern the use of agricultural migrant labor in Wisconsin.

A migrant worker is any person who meets all the following:

  • Temporarily leaves a principal place of residence that is outside of Wisconsin
  • Comes to Wisconsin for not more than 10 months in a year
    • For seasonal employment
    • And employment is in the planting, cultivating, raising, harvesting, handling, drying, packing, packaging, processing, freezing, grading or storing of any agricultural or horticultural commodity in its unmanufactured state

This definition also includes H-2A workers, meaning that employers must follow H-2A program requirements and state migrant labor law requirements.

State migrant labor law requirements can be found on DWD's migrant and seasonal farmworker web pages.

H-2B Visas

The H-2B temporary non-agricultural program permits employers who meet program requirements to hire nonimmigrant workers to temporarily come to the U.S. to perform non-agricultural services or labor based on the employer's temporary need. The employer must establish that its need for non-agricultural services or labor is temporary in nature, regardless of whether the underlying job is permanent or temporary.

There is a statutory numerical limit, or "cap," on the total number of aliens who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, 33,000 for workers who begin employment in the first half of the fiscal year (October 1 - March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 - September 30). For more information visit this USCIS web page:

The H-2B application steps include:

  1. Obtain a Prevailing Wage Determination (PWD)
  2. File a job order and H-2B application
  3. DOL randomizes all H-2B applications and releases a list that indicates at what time visas will be awarded
  4. DOL issues a notice of acceptance
    1. The job order in JobCenterofWisconsin.com is "published" so job seekers can apply
  5. DOL issues Final Determination of the H-2B temporary labor certification
  6. Employer or agent submits form I-129 to the United States Citizenship and Immigration Services (USCIS)
    1. Must include printed copy of DOL's final determination
  7. USCIS approves form I-129

Visit DOL's H-2B website for additional application process requirements:

Filing a Job Order

The H-2B program requires the employer to enter their own job order into JobCenterofWisconsin.com, for the position they are seeking to use H-2B workers to fill.

The employer or their agent must create a job order and place it in pending status, in JobCenterofWiconsin.com pending status is "Employer Incomplete." The job order will stay in that status until DOL issues you a notice of acceptance.

Employer's often hire an agent or attorney to complete their H-2B applications including creating the job order in JobCenterofWisconsin.com. For the agent or attorney to enter a job order on an employer's behalf, they must compete the following steps:

The employer must register on the JobCenterofWisconsin.com (JCW). There must be an account for each individual who is using JCW, people cannot share usernames or passwords. The agent or attorney and the agent/attorney's organization must also register. Agents or attorneys who post on behalf of an employer or business are called third party posters.

Law Firm and/or Agent:

  1. Create a third party poster's company account first
    1. In "comments" section request third party access and include employer's contact person name, job title and email
  2. After having registration approved and third party access is granted, register all applicable employers your company will be posting job orders
    1. To receive JCW authorization, you must include the employer's contact person name, job title and email
    2. This individual must be able to authorize that your company can post on their behalf
    3. If you have an electronic document of proof of authorization (authorization statement/contract) for each employer, you can email it to: detbjsjsccemployer@dwd.wisconsin.gov

Step by Step Instructions for Employers:

Contact the Job Center of Wisconsin employer team to request technical assistance to create an employer account or place a job order at detbjsjsccemployer@dwd.wisconsin.gov or call 888-259-9966.

DWD's Role in the H-2B Visa Process

DWD is notified when an H-2B application is filed in DOL's FLAG system. The H-2B application filed in FLAG includes the job posting number and a copy of the job posting from JCW. DWD reviews the job positing to ensure it meets all the requirements needed for H-2B job postings.

The requirements of the H-2B job posting in 20 CFR 655.18(b). 20 CFR 655.18(b)(17) are currently not required to be included in the job posting.

DWD will notify DOL if the job posting meets or does not meet the requirements . The employer can make edits to the job posting to correct any deficiencies.

DWD also helps recruit and refer qualified candidates to the job posting for this position. Employers are required to hire qualified U.S.-born workers before using nonimmigrant foreign workers.

Employers should reach out to their local job center for help recruiting local workers before using the H-2B program. Find your local job service business services representative on the JCW website

Send questions on the H-2A and H-2B programs to FLC@dwd.wisconsin.gov