Have you been employed to work in the U.S? Want to see if you qualify for a H-2A Temporary Agricultural Worker Visa? Keep reading and find out if you are eligible! Don’t know what a H-2A is? Also, keep reading!
What is a H-2A Temporary Agricultural Worker?
A H-2A is a program that allows certain U.S employers to bring over migrate works in order to fill agricultural jobs, temporarily.
According to USCIS..
The petitioner must…
-Offer a job that is of a temporary or seasonal nature.
-Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
-Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
-Generally, submit a single valid temporary labor certification from the U.S. Department of Labor with the H-2A petition. (A limited exception to this requirement exists in certain “emergent circumstances.” See e.g., 8 CFR 214.2(h)(5)(x) for specific details.)
What’s the process?
1. Petitioner must submit a temporary labor application to the Department of Labor. See more here.
2. Petitioner submits form I-129 to USCIS
3. Workers can then apply for visa/admission
Is my country eligible?
Some countries eligible for visa include:
Country not on list? See more here.
Papua New Guinea
How long can I stay?
Maximum period is 3 years.. Program can be extended in 1 year periods.
A person who has held H-2A nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant. Additionally, previous time spent in other H or L classifications counts toward total H-2A time. -USCIS
Will there be records for working?
Yes, yes and yes.
Employers certified under H-2A must keep accurate and adequate records with respect to the workers’ earnings as well as the hours each worker actually works. In addition the employer must retain a record of time “offered” to the worker but which the worker “refused” to work. Records must also include the time the worker began and ended each day, the rate of pay, the earnings per pay period, the worker’s home address, and the amount of and reasons for any and all deductions taken from the worker’s wages. These records must be kept for three years after the date of the H-2A certification. -Elaws
Can I bring my kids?
Yes, if they are under the age of 21, they may seek admission.
What’s the cost?
Cost varies according to case. Consult with Sean Lewis for exact fees.
Need more information about Sean Lewis? Click here.
Want to learn more about immigration visas? Click here.