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Work visas

Work Visas for the Central Valley

For employers and workers in Bakersfield, Kern County and the Central Valley: agriculture, dairy, packing, food processing, landscaping, construction and hospitality.

Visit our Bakersfield office: 3810 Niles St, Bakersfield, CA 93306

The most common work visas in the Central Valley

A plain-language summary of each option. Every case is different — talk with us before making a decision.

H-2A

Seasonal agricultural work

Lets a U.S. agricultural employer hire workers from other countries for temporary or seasonal farm jobs when not enough U.S. workers are available.

Who it’s for

Farms and agricultural employers with a temporary or seasonal need (for example, planting or harvest), and workers from countries on the government’s H-2A list, such as Mexico. The job generally can’t last longer than one year.

Typical steps

  1. The employer applies to the Department of Labor (DOL) for a temporary labor certification.
  2. With the certification, the employer files Form I-129 with USCIS.
  3. Workers apply for their visa at a U.S. consulate.
  4. The employer follows H-2A wage, housing and transportation rules during the contract.

Official information

H-2B

Seasonal non-agricultural work

For temporary non-farm jobs — such as landscaping, construction, hospitality or food processing — when the employer’s need is seasonal, peak-load, intermittent or one-time.

Who it’s for

Employers with a temporary need, generally one year or less. There is a limit of 66,000 visas per fiscal year, split into two halves, so timing matters.

Typical steps

  1. The employer applies to the Department of Labor for a temporary labor certification.
  2. The employer files Form I-129 with USCIS, subject to the annual limit.
  3. Workers apply for their visa at a U.S. consulate.
  4. The employer pays or reimburses visa and related fees in the first workweek.

Official information

TN

Mexican and Canadian professionals

Under the USMCA, citizens of Mexico and Canada can work in the U.S. in professions on an official list, with a job offer from a U.S. employer.

Who it’s for

Listed professions such as agriculturist (including agronomist), animal scientist, animal breeder, plant breeder and engineer — including agricultural engineers — usually with a bachelor’s degree (licenciatura). Self-employment isn’t allowed.

Typical steps

  1. The employer prepares a letter describing the job and its requirements.
  2. Mexican citizens apply for the TN visa at a U.S. embassy or consulate in Mexico. (Canadians usually request TN status at the border.)
  3. Admission is for periods of up to 3 years.
  4. It can be extended in periods of up to 3 years while the stay remains temporary.

Official information

PERM / EB-3

Employment-based green card

An employer sponsors a worker for a permanent, full-time job. At the end, the worker gets permanent residence (a green card).

Who it’s for

Employers who want to keep a worker long-term. EB-3 covers skilled workers (2 years of training or experience), professionals (with a bachelor’s degree) and “other workers” (less than 2 years of training; the job must be permanent, not seasonal).

Typical steps

  1. Prevailing wage determination from the Department of Labor.
  2. Recruitment: the employer advertises the job to U.S. workers.
  3. PERM labor certification application with the Department of Labor.
  4. Employer’s Form I-140 petition with USCIS.
  5. Green card: when the priority date is current, adjustment of status in the U.S. or an immigrant visa at a consulate.

Waits can be long — often several years — because green cards are limited each year by category and country. People born in Mexico have their own line in the State Department’s Visa Bulletin, and the “other workers” category usually has the longest wait. Check the current dates before you plan.

Official information

H-1B

Specialty occupations

For jobs that require at least a bachelor’s degree in a specific field, such as some farm managers, food scientists or engineers.

Who it’s for

Employers with a job that truly requires that degree. There is an annual limit of 65,000 visas, plus 20,000 for people with a U.S. master’s degree or higher, and most employers must register in a yearly selection.

Typical steps

  1. The employer registers the worker in USCIS’s yearly selection.
  2. If selected, the employer files a Labor Condition Application (LCA) with the Department of Labor.
  3. The employer files Form I-129 with USCIS.
  4. Admission is for up to 3 years, extendable to a total of 6 years.

Official information

How we work

Each part of your case is handled by the right person.

For employers

Employer petitions — labor certifications and petitions to USCIS — are handled by our partner immigration attorney.

For workers

The Hermandad Mexicana Nacional team supports you in Spanish:

  • Intake and orientation
  • Gathering, reviewing and translating documents
  • Preparing for your consular appointment
  • Work permits, when you qualify
  • Family petitions

Workers never pay recruitment fees

Under H-2A and H-2B rules, the employer pays recruitment and labor certification costs, and must forbid its recruiters from charging workers. In H-2B, the employer also pays or reimburses visa and related fees in the first workweek. In H-2A, the employer must provide or reimburse transportation as the program rules require.

If anyone asks you for money in exchange for a job or a visa, don’t pay: call us or the Department of Labor’s Wage and Hour Division at 1-866-487-9243. Your rights as an H-2A worker (DOL) · H-2B fees and transportation (DOL)

Frequently asked questions

What’s the difference between H-2A and H-2B?

H-2A is for temporary or seasonal farm work. H-2B is for temporary non-farm work, such as landscaping, construction or hospitality. H-2A has no annual visa limit; H-2B is limited to 66,000 per fiscal year.

Do I have to pay to get an H-2A or H-2B job?

You should not pay recruitment fees. Department of Labor rules require the employer to cover those costs and forbid its recruiters from charging workers. If anyone asks you for money, call 1-866-487-9243.

I’m a Mexican agronomist. Can I work in the U.S. on a TN visa?

Possibly. Agriculturist (including agronomist) is one of the USMCA-listed professions. You usually need a bachelor’s degree and a job offer from a U.S. employer. Mexican citizens apply for the TN visa at a U.S. embassy or consulate in Mexico.

How long does an employment-based green card (PERM / EB-3) take?

It has several steps with the Department of Labor and USCIS, and then you wait until the priority date is current in the Visa Bulletin. In total it can take several years, especially for people born in Mexico in the “other workers” category.

Can my farm employer use H-2A for year-round work?

H-2A is for temporary or seasonal needs, which generally last no longer than one year. For a permanent job, the employer can consider an employment-based green card (PERM / EB-3).

Is Hermandad Mexicana Nacional a law firm?

No. We are a nonprofit organization. Employer petitions are handled by our partner immigration attorney, and our team supports workers with orientation, documents and appointments.

Important notice

This page is general information, not legal advice. Hermandad Mexicana Nacional is a nonprofit organization, not a law firm. Eligibility depends on the facts of each case, and government rules and dates can change. Always confirm on the official sites linked above.

Hermandad Mexicana Nacional is a 501(c)(3) nonprofit. Any fees for our services help keep them low-cost and fund our community programs. We explain every cost before you start.