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The U.S. agricultural sector is an economic powerhouse of the American GDP. The agricultural and food industries contributed nearly 25 million jobs in 2019, including nearly 3 million direct, on-farm jobs.
Since 2005, it has become increasingly difficult for employers to find U.S. workers, and so the use of the H-2A agricultural worker program has increased. Read on for more information about who qualifies for the H-2A visa program and how to apply.
Under the H-2A program, non-immigrant, foreign workers come to the U.S. to work on a temporary basis in the agricultural industry. The program was created in 1986, and while it dwindled in the 1990s, the increase of H-2A positions from 48,000 in 2005 to nearly 258,000 in 2019 is a strong indicator of the difficulty in filling agricultural jobs with U.S. workers — and the value of the H-2A program.
According to the Cato Institute’s 2019 annual report, the H-2A program has had a positive impact on both the U.S. and the foreign workers who participate.
We offer world class communication and responsiveness to all of our clients and our comprehensive approach can simplify even the most complicated of visa programs.
Employers undergo a three-step process to hire workers under the H-2A program. This process involves multiple state and federal government agencies and tight deadlines.
The rules employers must follow are overseen by various agencies at different points in the process and require employers to show evidence that they can follow the rules of the program. Here are some of the major rules of the program.
Unlike the H-2B program, the H-2A visa program has no numerical cap. However, approved participants are restricted to temporary or seasonal jobs that last less than a year.
Because the H-2A visa program is for temporary or seasonal work, the visa issued to workers is also temporary, and workers are limited to the duration of the job listed on the temporary labor certification.
Employers interested in hiring H-2A workers are responsible for a number of fees related to the program.
The H-2A visa program requires investment into the approval and administration of the program, from ensuring the application accurately demonstrates the employers’ commitment to the program to maintaining proper documentation throughout — and after — each temporary labor certification.
If you have H-2A questions or if you are ready to work with an experienced immigration attorney to start your H-2A program process, Farmer Law is here to help. Schedule a consultation with our attorneys today.
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The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
