H-2A Visa

OVERVIEW

The H-2A Visa allows foreign workers to enter the United States to work in agriculture. Employers must apply for this visa status on behalf of their employees. The employer can be a sole proprietor, partnership, corporation or agricultural association. Workers' spouses and unmarried children under the age of 21 are allowed to join them in the United States in H-4 status. However, dependents are not permitted to work.

STEPS

The Employer must first apply for a Temporary Labor Certification from the U.S. Department of Labor (DOL). The employer must meet all requirements set forth by DOL, and must prove that there are no U.S. workers available for the job position. If the application is approved, the employer must attempt again to recruit eligible U.S. citizens and lawful permanent residents for the job position. Subsequent to the recruitment process, the DOL will subtract the number of accepted U.S. workers from the requested amount of H-2A workers stated in the Temporary Labor Certification. If no U.S. workers are found, the employer will be allowed to submit petitions for the number of visas requested in the Temporary Labor Certification. Once the employer's petitions are approved, foreign workers will be able to apply for the H-2A visa at the United States Consulate with jurisdiction over their residence.

DOCUMENTS

To apply for H-2A visas for foreign workers, an employer must provide the following documents:

  1. Form I-129/I-129H (Petition for non-immigrant worker);
  2. A copy of the approved Temporary Labor Certification;
  3. A statement detailing the number of workers required by the employer;
  4. An application for the position by each foreign worker which includes the worker's name and qualifications for the job position.

To apply for an H-2A visa, the foreign worker must provide the following documents:

  1. An approved Form I-129/I-129H (Petition for non-immigrant worker);
  2. A copy of the approved Temporary Labor Certification;
  3. Additional documents and Visa Application Fees as determined by the U.S. Consulate or Embassy abroad

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