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H-2A Visas

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H-2A Temporary Visa

U.S. employers or U.S. agents who meet certain regulatory criteria may apply to bring foreign nationals into the United States to provide temporary agricultural work through the U.S Citizenship and Immigration Services’ (USCIS) H-2A program. As with any immigration matter, petitioning for H-2A visas can be complex and involves a myriad of different laws, requirements and regulations, exposing employers to a wide margin for error.

If you are an agricultural employer in need of temporary or seasonal work, the immigration attorneys at USILAW can walk you through the application process with ease and ensure your compliance with all federal immigration policies. Having been universally praised by past clients for our unmatched service and skills, we can provide the personalized attention your case needs and maximize your chances of approval for your petition.

WHO MAY QUALIFY FOR AN H-2A VISA?

Agricultural employers must satisfy several requirements in order to be approved for H-2A nonimmigrant classification, including:
  • 1. Offer a job that is temporary or seasonal
  • 2. Show that there are not enough U.S. workers to do the work
  • 3. Show that employing H-2A workers will not impact the wages and working conditions of similarly employed U.S. workers
  • 4. Submit a single valid temporary labor certification from the U.S. Department of Labor along with the H-2A petition

To petition for participation in the H-2A program, qualifying employers must submit Form I-129 to the USCIS. Upon approval, employers must have their prospective workers apply for an H-2A visa with the U.S. Department of State either at an abroad U.S. embassy, consulate, or port of entry. H-2A petitions may only be approved for nationals of approved countries as designated by the Secretary of Homeland Security (DHS). To view the full list of approved countries, visit uscis.gov.

WHAT PROTECTIONS DO H-2A WORKERS HAVE?

All workers granted H-2A status are protected by all U.S. wage laws, workers’ compensation, and mandates under the Affordable Care Act. The United States Department of Labor Wage and Hour Division is particularly watchful of guest workers and frequently conducts audits of H-2A employers to ensure their compliance with all applicable laws.
In addition, H-2A employers are required to provide temporary workers with the following:
  • 1. Inbound and outbound transportation
  • 2. No-cost housing
  • 3. Tools and supplies
  • 4. Three meals per day, or free and convenient cooking materials
H-2A temporary workers may only stay as long as designated on their temporary certification, which can be anywhere from a few months to up to three years. Workers who have held H-2A temporary worker status in the United States for a total of three years must leave the country and remain outside for a minimum of three months before reapplying as an H-2A nonimmigrant. Families and children of H-2A workers may seek admission to the United States under H-4 nonimmigrant classification, though they will not be eligible for employment under this status.

GET USILAW ON YOUR SIDE TODAY

Our immigration lawyers are passionate about helping clients from all walks of life legally enter and work in the United States. Whether you are an employer or an individual looking to gain H-2A status, we can provide the support you need to maximize your chances of success. To find out more about how we can assist you, schedule an initial consultation with our office online today.

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BHANU G.
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Great working with USILAW & Team, very Professional & detailed oriented. Have been working with them from past 2 years and have received great support and guidance throughout the process from Maria & Jennifer. Will recommend it for anyone
BIKRAM SINGH
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USILAW is a top quality immigration law firm. As a business owner I have dealt with other law firms but no one comes close to USILAW's professionalism, efficiency & ethics.
PRASAD K.
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Excellent, Professional organization. Very responsive and dependable firm

For assistance, contact our immigration lawyers and legal staff today.

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