To hire Mexican workers legally in the United States, an employer chooses a visa category that matches the job, obtains a Department of Labor certification when the category requires one, files a petition with U.S. Citizenship and Immigration Services, and then has the worker apply for the visa at a U.S. consulate in Mexico. After arrival, the employer takes on wage, housing, transportation, tax, and recordkeeping duties that continue for the length of the contract. The process is sequential, and skipping steps or missing deadlines is what causes most petitions to fail.
Pick the Visa That Fits the Job
Mexico is on the eligible-country list for both the H-2A and H-2B programs, and Mexican nationals also qualify for TN, L-1, and E-2 visas. The right one depends on what the worker will do and how long you need them.
H-2A for Seasonal Farm Work
H-2A covers temporary or seasonal agricultural jobs. You must show the need is genuinely temporary, that not enough U.S. workers are available, and that hiring foreign workers will not depress wages or working conditions for domestic farmworkers. There is no annual cap. Workers may stay for the period on the labor certification, with extensions in one-year increments up to three years total, after which the worker must leave the United States for at least 60 consecutive days before returning on a new H-2A visa.1U.S. Citizenship and Immigration Services. H-2A Temporary Agricultural Workers
H-2B for Seasonal Non-Farm Work
H-2B fits temporary non-agricultural positions in industries such as hospitality, landscaping, seafood processing, and construction. The same rules on temporary need and U.S. worker availability apply.2U.S. Citizenship and Immigration Services. H-2B Temporary Non-Agricultural Workers The program has a statutory annual cap of 66,000 visas, split between the two halves of the fiscal year, and DHS sometimes authorizes supplemental visas on top of that base. The three-year maximum stay and 60-day departure rule that apply to H-2A workers apply here too.
TN for Listed Professions
The TN visa, created under the U.S.-Mexico-Canada Agreement, covers Mexican professionals in designated occupations such as accountants, engineers, computer systems analysts, scientists, and pharmacists. Most require a bachelor’s degree or the Mexican licenciatura, though some accept a professional license or relevant experience.3U.S. Trade Representative. USMCA Chapter 16 – Temporary Entry for Business Persons TN professionals do not need a labor certification or a USCIS petition. The initial stay runs up to three years, and extensions are available without a hard cap on renewals.4U.S. Citizenship and Immigration Services. TN USMCA Professionals
L-1 for Intracompany Transfers
If your company has operations in both Mexico and the United States, L-1 lets you transfer an executive, manager, or employee with specialized knowledge to a U.S. branch, subsidiary, or affiliate. The employee must have worked continuously for the foreign company for at least one year within the three years before the transfer.5U.S. Citizenship and Immigration Services. L-1A Intracompany Transferee Executive or Manager L-1 requires a Form I-129 petition but no labor certification.
E-2 for Treaty Investors
A Mexican national who invests substantial capital in a U.S. business can qualify for an E-2 treaty investor visa. There is no fixed dollar minimum; the investment must be large enough relative to the total cost of the business to show a real financial commitment. A token investment in a low-cost business will not qualify, and the lower the business cost, the higher the percentage the investor needs to put in.6U.S. Citizenship and Immigration Services. E-2 Treaty Investors E-2 does not require a labor certification or a USCIS petition; the investor applies directly at the consulate.
Get a Labor Certification (H-2A and H-2B Only)
Before filing anything with USCIS in an H-2A or H-2B case, you have to obtain a temporary labor certification from the Department of Labor. The certification confirms a genuine temporary need and that qualified U.S. workers are not available. You also commit to paying the prevailing wage and to maintaining conditions that will not undercut domestic workers in the same role.7U.S. Department of Labor. Fact Sheet 26 – Section H-2A of the Immigration and Nationality Act (INA)
H-2A Steps
For H-2A, start by submitting a job clearance order (ETA Form 790) to the State Workforce Agency, which circulates the opening to domestic workers through its job bank.8Farmers.gov. Create Your H-2A Visa Checklist Once the order is approved, submit the formal application for temporary employment certification (ETA Form 9142A) to the Department of Labor. You must actively recruit U.S. workers and hire any qualified applicant who shows up, including after H-2A workers have already arrived. That obligation runs through the first half of the contract period, a requirement known as the 50-percent rule.9U.S. Department of Labor. Fact Sheet 26A – Recruitment Requirements Under the H-2A Visa Program Turning away a qualified U.S. worker during that window can lead to penalties and debarment.
H-2B Stepsh3>
H-2B follows a parallel path. Request a prevailing wage determination by submitting ETA Form 9141 to the National Prevailing Wage Center.10U.S. Department of Labor. Fact Sheet 78C – Wage Requirements Under the H-2B Program Once the wage is set, conduct active recruitment: newspaper ads on two separate days (one a Sunday), contact former U.S. employees from the previous year, and post the job at the worksite for at least 15 consecutive business days if no union represents the workers.11U.S. Department of Labor. Fact Sheet 78B – Recruiting Requirements Under the H-2B Program Accept referrals from the State Workforce Agency until 21 days before the date of need, and reject applicants only for lawful, job-related reasons. Keep a detailed recruitment report on file documenting every applicant and outcome.
File Form I-129 With USCIS
With the labor certification in hand, file Form I-129, Petition for a Nonimmigrant Worker. The same form handles H-2A, H-2B, and L-1 classifications.12U.S. Citizenship and Immigration Services. I-129, Petition for a Nonimmigrant Worker The approved labor certification goes in as initial evidence. TN and E-2 applicants generally skip the I-129 and apply directly at the port of entry or consulate.13U.S. Citizenship and Immigration Services. Temporary (Nonimmigrant) Workers
Filing fees include a base fee that varies by classification, plus an Asylum Program Fee. The Asylum Program Fee is $600 for employers with more than 25 full-time employees, $300 for smaller employers, and waived for nonprofits.14U.S. Citizenship and Immigration Services. H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker Check the current USCIS fee schedule before mailing; the wrong fee amount will get the petition rejected.
The Worker Applies at a Consulate in Mexico
After USCIS approves the petition, the worker applies for the visa at a U.S. Embassy or Consulate in Mexico. They complete Form DS-160 online, which generates the confirmation page needed for the interview.15Department of State. DS-160 – Online Nonimmigrant Visa Application The application fee is $205 for H-2A, H-2B, and L-1, and $315 for E-2.16Department of State. Fees for Visa Services
At the interview, the consular officer reviews the passport, DS-160 confirmation, the I-797 approval notice, and documents showing the worker’s qualifications and intent to return to Mexico when the job ends. The officer makes the final call, even if USCIS has already approved the petition. Workers should bring originals of educational credentials and prior employment records.
Housing and Transportation You Owe the Worker
H-2A and H-2B employers take on obligations that go well beyond wages. These are federal requirements, and violating them triggers the same enforcement machinery as underpaying workers.
H-2A employers must provide housing at no cost to every worker who cannot reasonably commute home each day. Employer-owned housing must meet federal OSHA standards; rental housing must meet local or state safety codes. Either way, the employer pays; workers cannot be charged rent.17eCFR. 20 CFR 655.1304 – Contents of Job Offers Federal standards set specific minimums for square footage, ceiling height, and shared facilities such as showers and laundry.18U.S. Department of Labor. Fact Sheet 26G – H-2A Housing Standards for Rental and Public Accommodations
For both H-2A and H-2B workers, the employer provides or reimburses inbound transportation from the worker’s home area in Mexico to the job site, along with daily meals during travel. The reimbursement becomes mandatory once the worker completes 50 percent of the contract, though many employers advance the cost upfront to avoid minimum-wage complications in the first workweek.19U.S. Department of Labor. Fact Sheet 78F – Inbound and Outbound Transportation Expenses, and Visa and Other Related Fees Under the H-2B Program Return transportation home is also on the employer when the contract ends. If an H-2B employer initially recoups travel costs through paycheck deductions, those deductions must stop and be fully refunded once the worker hits the 50-percent mark.
Onboarding: Entry, I-9, Social Security
At the port of entry, Customs and Border Protection inspects the passport, visa, and I-797 approval notice. Admission is not automatic; a CBP officer can deny entry even with a valid visa.
Once work begins, complete Form I-9, Employment Eligibility Verification. The worker fills out Section 1 on or before the first day of work; the employer examines identity and work-authorization documents and completes Section 2 within three business days after that first day.20USCIS. Form I-9, Employment Eligibility Verification Missing that three-day window is one of the most common compliance failures.
Workers who do not already have a Social Security number will need one for tax reporting. They can apply at a local Social Security office with original documents proving identity, age, and work-authorized immigration status. An unexpired passport with a current admission stamp showing a work-authorized class is typically enough. Processing can take several weeks because SSA must verify the immigration documents with DHS before issuing a number.21Social Security Administration. Foreign Workers and Social Security Numbers
The Department of Labor publishes posters titled “Employee Rights Under the H-2A Program” and “Employee Rights Under the H-2B Program,” both available in Spanish, and they must be displayed at the worksite.22U.S. Department of Labor. Workplace Posters The federal minimum wage poster, the FMLA notice where applicable, and the Migrant and Seasonal Worker Protection Act poster round out the standard set. A missing poster can count as a program violation during an investigation.
Payroll and Tax Handling
Tax treatment depends on the visa. The H-2A program has a carve-out many employers miss.
Wages paid to H-2A agricultural workers for visa-related labor are exempt from Social Security and Medicare taxes, whether the worker is a resident or nonresident alien.23Internal Revenue Service. Foreign Agricultural Workers on H-2A Visas Federal income tax withholding is not required either, though you may withhold voluntarily if the worker submits a Form W-4 requesting it.24Internal Revenue Service. Publication 15 (2026), (Circular E), Employers Tax Guide If you pay $2,000 or more during the year, report the wages on Form W-2 with no amounts in the Social Security or Medicare boxes.
Workers on H-2B, TN, L-1, and E-2 visas are generally subject to the same federal income tax withholding and FICA taxes as U.S. employees. Withhold income tax based on the worker’s W-4 and pay the standard employer share of Social Security and Medicare. State income tax rules vary; most states begin withholding from the first day of wages earned within their borders, and a handful have no individual income tax.
What Program Violations Cost
The Department of Labor’s Wage and Hour Division actively investigates H-2A and H-2B employers, and the consequences reach far past a one-time fine.
For H-2A, the Secretary of Labor can deny future labor certifications for up to three years if an employer substantially violated the terms of a prior certification. Workers who violated the terms of a prior H-2A admission are barred from re-entry under the program for five years.25Office of the Law Revision Counsel. 8 USC 1188 – Admission of Temporary H-2A Workers
For H-2B, wage underpayments, illegal deductions, and prohibited fee charges each carry civil penalties of up to $15,846 per violation, on top of back wages owed. The same per-violation cap applies when an employer illegally lays off or refuses to hire a U.S. worker in favor of an H-2B worker.26eCFR. 29 CFR 503.23 – Civil Money Penalty Assessment The math gets ugly fast across a full crew and a full season.
Debarment is the outcome that ends businesses. An employer barred from the H-2A or H-2B program cannot petition for any temporary foreign agricultural or non-agricultural workers during the debarment period. For an operation that depends on seasonal labor, that shuts things down. Complete records, prevailing-wage compliance from day one, and full performance on housing and transportation are the ordinary way to stay out of that column.