H-2A Visa for Agricultural Workers
H-2A visas allow United States agricultural businesses to hire foreign workers to fill temporary agricultural jobs. U.S. employers apply for the visas on behalf of the workers they wish to hire. H-2A visas are valid for the period of time authorized on the temporary labor certification and can be extended.
Businesses seeking foreign labor for agricultural work can call the Law Offices of Scott Warmuth at 888-517-9888 for a free H-2A visa consultation.
H-2A Visa Guidelines
Employers are responsible for the H-2A visa application process. Businesses must take certain actions to secure legal entry for their workers. First, the business must act as a petitioner and submit a temporary labor certification for H-2A worker application to the Department of Labor (DOL). H-2A status cannot be requested prior to obtaining temporary labor certification. When the certification is received, the business must file USCIS Form I-129, Petition for a Nonimmigrant Worker using the labor certification as initial evidence. After USCIS approves Form I-129, prospective H-2A workers currently outside of the U.S. can apply for a H-2A visa at a U.S. Embassy or Consulate and seek admission to the United States.
H-2A workers can bring spouses and minor, unmarried children into the United States in H-4 nonimmigrant status. Family members with H-4 classification are not eligible for employment.
H-2A Visa Qualifications
To qualify for H-2A nonimmigrant classification, employers must do the following:
- Offer a temporary or seasonal agricultural job
- Demonstrate that there are too few qualified U.S. workers willing and able to perform the temporary work
- Demonstrate that employing H-2A workers will not reduce wages and working conditions for similarly employed U.S. workers
H-2A status is only available to the nationals of certain countries. A full list of eligible countries can be found on the Federal Register (Effective January 18, 2018).
H-2A Visa Limitations
H-2A classification is typically valid for the period of time authorized by the temporary labor certification. H-2A can be extended in one year increments but must be accompanied with a new temporary labor certification. The maximum period of stay is three years. After a foreign national has accumulated three years of H-2A status, he or she must leave the United States for an uninterrupted period of three months before seeking readmission as an H-2A nonimmigrant.
Speak to an H-2A Visa Law Firm!
If your business is seeking temporary agriculture workers, the Law Offices of Scott Warmuth can help. We’ve been helping companies and individuals achieve their immigration goals since 1984. Our experienced attorneys offer informed legal guidance tailored to your specific immigration needs with a focus on successful outcomes.