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H-2 Visa Program
H-2 Visa Program Overview
Fraud Prevention
Information for Guatemalan Workers/Applicants
Information for Representatives/Agents
Information for Employers/Petitioners
Know Your Rights

H-2 Visa Program Overview

Do you want to work legally in the United States and earn money for you and your family? The H-2 visa program makes it possible. Applicants can work temporary jobs in agriculture, construction, forestry, and many other kinds of industries. The H-2A visa is for temporary agricultural jobs, while the H-2B visa is for temporary non-agricultural jobs.

Additional information for H-2A Temporary Agricultural Workers:

  • Your employer must either provide or pay for your daily subsistence and inbound transportation from your home to the place of employment or reimburse you for reasonable costs once you complete half of your work contract. Once you complete the work contract, your employer must provide or pay for your return transportation and daily subsistence from the place of employment to the place from which you departed to work for the employer. Your employer may be required to reimburse your inbound travel and visa costs in the first workweek if your wages minus your expenses are less than the U.S. minimum wage. Your employer must also provide transportation from your employer-provided housing to the worksite at no charge.
  • You are exempt from U.S. Social Security and Medicare taxes on compensation paid for services performed in connection with your H-2A visa.
  • Generally, your employer must offer you employment for a total number of hours equal to at least 3/4 of the workdays in the contract period.

Additional information for H-2B Temporary Non-Agricultural Workers:

  • Generally, your employer must offer you employment for a total number of hours equal to at least 3/4 of the workdays in each 12-week period.
  • You have the right to be paid fairly even if you are paid at a piece rate.
  • Your employer must either provide or reimburse you for inbound transportation and subsistence from overseas by the time you complete half of the contract period. Additionally, your employer must pay costs for your transportation home, including subsistence, if you complete the period of employment or are dismissed by your employer for any reason before the end of your authorized period of employment. Your employer may also be required to reimburse your inbound travel and visa costs in the first workweek if your wages minus your expenses are less than the U.S. minimum wage.

Fraud Prevention

To maintain a visa process that is fair and equitable for all applicants, please note the following: No one must charge any fee to an applicant for inclusion in a work opportunity; that is illegal in the United States. If someone tries to charge you money as a condition for an H-2 employment opportunity, please contact the Fraud Prevention Unit.

In order to maintain a visa process that is fair and equitable to all applicants, please note:

  • No fee paid to anyone will guarantee the issuance of a visa.
  • The application form is free of charge.
  • No fee will guarantee a specific appointment date or time.
  • Be truthful during the interview; don’t accept advice to mislead the consular officer. Misleading or lying could result in a permanent visa denial.
  • Only persons applying for visas are allowed into the U.S. Embassy or its Consulates.

Don’t be afraid to report any fraudulent activity that affects you personally or that you may witness occurring to someone else. You can help prevent yourself or your friends from becoming victims of fraud by contacting our Fraud Prevention Unit at GuatemalaH2@state.gov.

Signs that your job offer may not be legitimate:

  • The recruiter asks for additional fees that “guarantee” the issuance of the visa or an interview with a specific official at the U.S. Embassy.
  • The recruiter sends documents with the logo of the Embassy via WhatsApp or on social media without you having had an interview with a consular official.
  • The recruiter constantly changes the date of the appointment at the Consulate or date of departure to the United States.
  • The recruiter does not provide details about the job (name of the company, city and state of the job site, list of job responsibilities, salary information, or length of contract).
  • The recruiter cannot clearly explain the costs of the application.

INFORMATION FOR GUATEMALAN WORKERS

Under the H-2 visa program, applicants can legally work temporarily in the United States in agriculture, construction, forestry, landscaping, and many other types of industries. The H-2A visa is for temporary agricultural work while the H-2B visa is for temporary or seasonal non-agricultural work.

You can apply if:

  • you are 18 years and older
  • you have experience in any of the areas
  • you have no prior immigration history

H-2 visa applications are only received and processed at the U.S. Embassy in Guatemala City. You need to have a U.S. employer sponsor you; some U.S. companies hire directly, and others use recruiters or agents to look for employees. Word of mouth, a local visa agent, or a job fair can get you started.  The U.S. Embassy does not have a “job bank” or offer a list of available jobs.  Once you have an offer, you can begin the visa application process and come in for an interview, if required, at the U.S. Embassy. If approved, you will receive your visa and travel to the U.S. and be allowed legal entry as an H-2 worker.

Application Instructions for H-2 Visa Applicants

Step 1. Be identified by a U.S. company as the beneficiary of an approved H-2 petition.

In order to apply for an H-2A or H-2B visa, you must be the beneficiary of an approved petition filed by a U.S. employer. The job offer should include a description of the job to be performed, the wages, and the name and location of the employer. If you are offered a job and have doubts about its validity, you can verify it with us by sending an email to GuatemalaH2@state.gov. Please pay attention to these recommendations to avoid becoming the victim of a scam.

Step 2. Review your employment contract and confirm that the request is valid.

Review the details of your job offer to see what kind of job you were offered and how much you will be paid. You should receive a written employment contract in a language that you understand. The contract should contain detailed information about wages, working hours, benefits (including transportation, housing, and meals or cooking facilities), and any deductions from your paycheck. Remember that you are entitled to receive a fair wage. A job offer without such details can be a sign of fraud. If in doubt, you can verify the legitimacy of the petition by sending an email to GuatemalaH2@state.gov.

Step 3. Apply for your H-2 visa with the U.S. Embassy in Guatemala.

In order to apply for a visa, your employer (or their agent) will need to create an appointment request with the Embassy.

Step 4. Submit your documents to the Consular Section.

On the day of the confirmed appointment, the group organizer should go to the Embassy and drop off the following documents with the Consular Section greeters:

Copy of the approved petition (I-797), and, if you have ever stayed beyond the expiration of your visa, provide copies of all approved or pending extensions of stay (I-129).

DS-160 confirmation page with the barcode.

Guatemalan passport with a minimum of six (6) months validity. Previously used passports or visas.

2″ x 2″ (5 cm x 5 cm) color photograph on a white background.

Signed employer/employee contract: you should submit a written work contract in a language you understand. The contract must contain detailed information about the wages, work duration, hours, benefits (including transportation, housing and meals or cooking facilities), and any deductions from your paycheck. A job offer without these kinds of details may be a sign of fraud. (See section below on fraud prevention).

Step 5. If required, attend your interview at the U.S. Embassy in Guatemala City.

The Consular Section will contact you via your group organizer to schedule you for an interview, if one is required. It is important to tell the truth during your interview. You should mention any previous arrests, regardless of the outcome, the length of previous stays in the United States, and any attempts you made to cross the U.S. border without a visa. These activities do not necessarily disqualify you from the H-2 visa program. However, concealing prior unlawful presence in the United States, crossing attempts, or arrests will likely result in a visa denial and may result in a permanent visa ineligibility.

Step 6. Collect your passport

If your visa is approved, the Embassy will return your passport via DHL. You can arrange your travel to the United States as an H-2 worker.

Information for Representatives/Agents

Registration

As part of our ongoing efforts to enhance the integrity and security of the H-2 visa process, we have launched a new, streamlined H-2 Visa Representative registration system. To ensure your cases proceed without interruption, all representatives are required to complete this electronic registration before taking further action. While the process is user-friendly and takes only a few minutes, strict adherence to the instructions is mandatory: Failure to comply could result in significant processing delays, the immediate cancellation of appointments, and the reporting of violations to competent authorities for administrative or legal enforcement action.

Registration Process:

  • Follow this link (U.S. Embassy in Guatemala Registration for H-2 Visa Representatives) to the H-2 Visa Representative Registry to register your interest in being an H-2 Visa Representative with the U.S. Embassy in Guatemala City. Provide an accurate email address in the H-2 Visa Representative Registry form; the rest of the registration process depends on its accuracy.
  • After submitting the H-2 Visa Representative Registry form, you will receive a follow-up email from GuatemalaH2@state.gov. To complete the registration, you will have to:
    • Read and agree to the Statement of Ethics.
    • Attach a form of photo I.D.
    • Attach a letter from the petitioner or company you are representing authorizing you as their H-2 Representative in Guatemala.
  • If we have additional questions, we will reach out to you via email.

Important Points to Note:

    • You must register each time you represent a new company or different company. Example: If you represent 5 companies, you will need to register 5 times for each individual company. 
    • If the company does not use an agent or recruiter in Guatemala, it must designate one of the workers as the H-2 Visa Representative of the applicants in Guatemala. That individual (known as a worker representative) will need to complete the process mentioned above. 
    • If you are not registered in Yatri, you will have to complete that process separately.

STATEMENT OF ETHICS – H-2 VISA PROGRAM

GENERAL CONDITIONS FOR REPRESENTATIVES OF THE H-2 VISA PROGRAM WITH THE U.S. EMBASSY IN GUATEMALA 

Through this Statement of Ethics, the U.S. Embassy notifies H-2 Visa Representatives of the mandatory responsibilities and obligations governing their participation in the H-2 visa program. Strict adherence to these instructions is required; failure to comply could result in significant processing delays, the immediate cancellation of appointments, and the reporting of violations to competent authorities for administrative or legal enforcement action.

Key Regulations:

1. Prohibited Fees: Outside of those defined by the U.S. Government, there can be no conditions placed on a worker to apply for an H-2 visa. Examples of conditions include but are not limited to: Charging prohibited fees for inclusion on a petition, requiring submission of land deeds, and completion of medical exams.

2. Visa Fee Payment: The visa fee must be paid by the employer or the worker in accordance with the instructions on the scheduling website. Charging additional fees to the worker is prohibited.

3. Documentation: All documentation provided to the worker, such as the employment contract and forms to be completed or signed, must be in Spanish. If the worker is illiterate or does not understand Spanish, the agent or recruiter must ensure the worker comprehends the terms and conditions.

4. Accurate Information: Ensure the visa application includes complete and accurate information about the worker, the company, and the petition. This includes any time in the U.S. (legal or illegal), deportations, attempts to enter the U.S. illegally, and relatives living in the U.S.

5. Passport Return: Charging workers for the return of their passport is prohibited. Passports must be returned to the worker as soon as possible after visa approval, during administrative processing, or if the application is rejected.

6. Job Offer Withdrawal: Inform the U.S. Embassy at guatemalah2@state.gov within 24 hours if the worker’s job offer is withdrawn after visa approval or if the worker decides not to travel or take the work opportunity.

7. Reporting Abuse: Immediately report any abuse or breach of contract by the petitioning company, an H-2 visa representative, or H-2 employee(s) to the U.S. Embassy at guatemalah2@state.gov

8. Employees & Associates: Ensure your employees and associates uphold the Statement of Ethics. You are responsible for any unethical behavior engaged in by your staff related to the H-2 visa process, including the charging of prohibited fees.

9. Prohibited Use of Symbols: Do not use logos/images that refer to the seal of the United States, the President, Vice President, Senate, Congress, and/or House of Representatives, the U.S. Embassy, or any federal agency in advertising or electronic media.

10. Advertising Restrictions: Do not advertise your or any third-party services as authorized, registered, or certified by the U.S. Embassy, the U.S. Government, or any of its agencies or representatives.

Prohibited Practices in Scheduling:

Providing false or inaccurate information, manipulating application or scheduling systems, or abusing communication channels with the U.S. Embassy is prohibited. Strict adherence to these instructions is required; failure to comply will result in significant processing delays, the immediate cancellation of appointments, and the initiation of administrative or legal enforcement actions.

  • Authorized Access: Do not share your log-on information with anyone. Do not access the appointment system through automated or non-human means, such as bots or scripts.
  • Approved Petition: There must be an approved petition prior to making an appointment.
  • Accurate Scheduling: All appointments will be scheduled in the appropriate categories, including first-time or renewal appointments.
  • Correct Information: All registration information you submit must be true, accurate, current, and complete. Promptly update any changes within the established process.
  • Legal Use: Do not use the appointment system for any illegal or unauthorized purpose. Ensure your use of the appointment system complies with all applicable laws and regulations.
  • Payment Methods: Do not use stolen, compromised, or unauthorized payment methods.
  • Representation: If you are a third party representing an applicant, you must demonstrate that you are authorized to act on their behalf.
  • Compliance: Violations will be reported to competent authorities for administrative or legal enforcement action.  

INFORMATION FOR EMPLOYER/PETITIONER

H-2 visas are petition-based visas, meaning that a U.S. employer must obtain a temporary labor certification from the U.S. Department of Labor and receive a Notice of Approval (I-797) of the petition from U.S. Citizenship and Immigration Services (USCIS) before they can schedule visa appointments for their workers with the Department of State.

Step 1. Petitioner submits temporary labor certification application to the U.S. Department of Labor (DOL).

The petitioner must apply for and receive a temporary labor certification for H-2A or H-2B workers from DOL. For further information regarding the temporary labor certification application process, please refer to the Foreign Labor Certification, Department of Labor Web page.

Step 2. Petitioner submits form I-129 to U.S. Citizenship and Immigration Services (USCIS).

After receiving a temporary labor certification from DOL, the petitioner must file Form I-129, Petition for Nonimmigrant Work er with USCIS. For further information regarding the USCIS petition process, please refer to the USCIS webpages for H-2A workers and H-2B workers.

Step 3. Workers apply for a visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate.

Once the petitioner has received the Notice of Approval (I-797B) from USCIS stating that the petition was approved, an appointment for a visa interview for the workers at a U.S. Embassy or Consulate may be scheduled. In Guatemala, all H-2 applications are adjudicated at the U.S. Embassy in Guatemala City. In general, petitioners and/or their agents schedule group appointments for their workers, following the instructions on this webpage. Applicants will need to fill out a DS-160 visa application form, pay a $205 USD payment, and possess a valid passport.

Step 4. Workers receive their visas and seek admission to the United States with Customs and Border Protection (CBP) at a U.S. port of entry.

Important Note on Exit Requirements: Admit Until Date (AUD)

H-2A visa holders are only permitted to stay in the United States for a period of time determined by U.S. Customs and Border Protection (CBP). Upon entering the United States on an H-2 visa, CBP issues each H-2 worker an electronic I-94 with an Admit Until Date (AUD). A worker must generally exit the United States before the AUD expires.

Remember that when workers remain in the United States past their AUD date with no valid extension, they are considered out of status. For applicants, staying in the United States beyond the authorized time could negatively affect future visa applications. Employers should ensure that workers comply strictly with the AUD dates assigned. If you have any questions on when an employee should return to Guatemala to comply with their AUD date, please contact us at: GuatemalaFPM@state.gov.

Know your Rights

H-2A & H-2B WORKERS ARE PROTECTED BY THE WILBERFORCE ACT

Don’t be afraid to report any fraudulent activity that affects you personally or that you may witness occurring to someone else. You can help prevent yourself, your family, or your friends from becoming victims of fraud by contacting our Fraud Prevention Unit at GuatemalaH2@state.gov.  Our staff speaks Spanish, and all calls are confidential.

For more information on H-2 workers’ rights in the United States, learn about Wilberforce protections linked here:

H-2B worker has the right to:

  • Be paid fairly, even if you are paid at a piece rate.
  • Be free from discrimination.
  • Be free from sexual harassment and sexual exploitation.
  • Have a healthy and safe workplace.
  • Request help from union, immigrant, and labor rights groups.
  • Leave an abusive employment situation.
  • Never have to pay fees to a labor recruiter.
  • Receive a written job offer in a language you understand. It must contain detailed information about the wages, work duration, hours, benefits (including transportation, housing and meals or cooking facilities), and any deductions from your paycheck.