H2-A  Temporary Agricultural Worker  



















Law Offices of Robert J. Jacobs, P.A.
Bristol Park
4727 NW 53rd Ave., Suite A
Gainesville, FL  32606

Tel (352) 335-2699
Fax (352) 335-2640
Email: info@myimmigrationlaw.com

 

Practice Limited Exclusively to Immigration and Nationality Law

U.S. IMMIGRATION LAW
NON IMMIGRANT TEMPORARY VISA
EMPLOYMENT AUTHORIZED:

H2-A - Temporary Worker Performing Agricultural Labor

What is an H-2A visa?
What is the Procedure for Obtaining an H-2A visa?
For how long is the H-2A visa valid?
Who may accompany an H-2A visa holder?

What is an H-2A Visa?

An H-2A visa is a nonimmigrant visa designed for foreign individuals coming to the U.S. to perform temporary agricultural work that is seasonal or intermittent in nature and where U.S. workers are unavailable.
What is the Procedure for Obtaining an H-2A visa?
1. The employer must obtain temporary agricultural labor certification from the nearest regional office of the U.S. Department of Labor, Employment and Training Administration (DOL-ETA). As part of the temporary labor certification process, the employer must advertise the position in a local newspaper to make the position open to U.S. workers.  The employer must also demonstrate that it will meet required conditions for wages, housing, meals, and transportation of the temporary workers.  Temporary labor certification is granted if the DOL is satisfied that there are no qualified U.S. workers available for the position and the employment of the foreign individual or individuals will not adversely affect the wages or working conditions of U.S. workers similarly employed.
2. The employer must them submit an H-2A petition to the appropriate B.C.I.S. Regional Service Center.  The employer must document that the position or positions to be filled are temporary or seasonal in nature.
3. The B.C.I.S. sends the approved H-2A petition to the U.S. Consulate nearest the residence of the foreign worker(s).  An H-2A visa is then issued by the Consulate.

For how long is the H-2A visa valid?

The H-2A visa may be valid for a period of up to one year and may be extended one year at a time up to a maximum of three years.  However, the longer the employer has need for the H-2A worker, the more likely the position will appear permanent in nature rather than temporary or seasonal.  Petitions for positions that appear to be permanent in nature will be denied by the B.C.I.S.

Who may accompany an H-2A visa holder?

The spouse and unmarried minor children (under 21 years of age) of the H-2A visa holder may enter the United States in H-4 status as dependents.

To request a consultation regarding an H-2A visa, please contact out office here.

 

 

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