The EB-3 Visa Lawyers Guide: Navigating Your Path to U.S. Employment
The EB-3 Visa Lawyers Guide: Navigating Your Path to U.S. Employment In the intricate world of U.S. immigration, securing…
The H-2A visa program grants temporary work visas to agricultural laborers so that they can live and work in the U.S. on behalf of a U.S. company or employer. Here is a brief overview of the process employers must undergo in order to obtain an H-2A visa:
Upon approval, the employer can then offer work contracts to foreign nationals, who then use that work agreement to file for an H-2A visa.
To qualify for an H-2A visa, the term of work must be less than one year. While an H-2A visa can be extended for longer than a year, the maximum period of time a worker can stay in the U.S. on an H-2A visa is three years.
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As seen here, the H-2A visa is only open to nationals of specific eligible countries, determined by the Department of Homeland Security. The applicant must also have a work agreement from their employer, and meet the qualifications for entry as set by Customs and Border Patrol and the Department of Homeland Security.
An H-2A worker may also bring their spouse and unmarried children under the age of 21 to live in the U.S. Note however, family members who are eligible for an H-4 visa cannot work while in the United States.
The Department of Labor and the Occupational Safety and Health Administration guarantee several rights to H-2A employees. Here is an overview of employee rights and employer obligations under the H-2A visa program:
The H-2A visa process can be complicated, and both employees and employers have to comply with a variety of laws, regulations, and standards. An immigration attorney who specializes in agriculture and migrant workers can help guide employees and employers efficiently through the process. For H-2A employees who suspect that their rights are not being respected, consulting a qualified attorney is the first step toward ensuring your rights and protecting your interests.
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