Guest Worker Programs

The U.S. Department of Labor is responsible for enforcing the guest worker programs known as H2A and H2B. The H2A program is for agricultural workers and the H2B program is for service workers. As a requirement of these programs employers must prove to the government that they cannot fill positions with U.S. workers. Then they are allowed to request foreign workers to come fill those positions on a temporary basis. The government gives the workers temporary non-immigrant work visas specific to the employer with whom they’ve agreed to work.

The H2B and H2A programs are notorious for their red tape and bureaucratic snafus. Many of the issues stem from the regulations not matching the reality on the ground for the people who actually use the programs – agricultural and service employers.  During their time as investigators Labor Brain employees  led many investigations of “H” employers.  We understand the frustration and headache that these programs induce and we can explain clearly and succinctly how to use them in compliance and avoid costly fines.

Click on the links below to learn more about each program and common violations.

H2A – Agricultural workers

H2B – Service workers

The Labor Brain Inc. is not a law firm and its employees do not practice law or provide legal services.  The information provided on our website,  in email correspondence with representatives of The Labor Brain, and at outreach events is for informational and educational purposes only.  The information provided is not a substitute for the advice of an attorney.