H-2A visas: an overview

The H-2A visa allows United States agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the United States to perform agricultural labor or services on a temporary or seasonal nature. This visa, like many other employment visas, requires the employer to begin the process. The employer must meet several requirements before actually bringing nonimmigrant workers to the United States. If the employer meets the requirements, he or she may bring a nonimmigrant worker into the country for a maximum of 364 days. During that time, the nonimmigrant worker is guaranteed certain rights.

Requirements for an H-2A Employer:

Employers are required to meet the following requirements in order to file for an H-2B visa:

1. The job offer must be for an agricultural position in which the employer anticipates a shortage of domestic workers in.

2. The job must be for less than one year.

3. There must be no qualified and willing American workers available for the position.

Before employing H-2A workers, an agricultural employer must make an active effort to recruit U.S. workers. This means newspaper and radio advertising in areas of the expected labor supply.

Requirements for an H-2A employee:

Almost every admissible alien is eligible to become an H-2A worker. To be eligible an alien must meet two requirements:

1. The alien must have a valid job offer from an eligible H-2A employer; and

2. The alien must intend to return to his or her home country at the expiration of the H-2A visa.

Filing procedure:

Generally, there are three things that must be done before a nonimmigrant worker can begin his or her employment.

Labor certification:

The first step in the H-2A visa application process is labor certification. In filing this, the employer must demonstrate that qualified workers are not available in the United States and that the foreign worker's employment will not adversely affect wages and working conditions of similarly employed U.S. workers. The U.S. Department of Labor (DOL) will either grant or deny the labor certification.

Employer's Visa application:

The second step is petitioning the USCIS for the actual H-2A visa with form I-129. If your application is approved, the USCIS will notify the consulate in the alien's country.

Employee's Visa application:

Finally, the alien has to file their own visa application with the consulate in their country. It is important to note that the employer's petition approval does not guarantee the visa approval of the alien.

The experienced and skilled immigration attorneys at Shihab and Associates are prepared to assist you with any H-2A visa needs. If you have questions regarding an H-2A visa, we encourage you to set up an initial consultation. No matter what your issue, Shihab and Associates is ready to guide you through the process. To set up an initial consultation please contact us.