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Guide to the H-2A Visa Process and Requirements

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The H-2A visa allows farms and agricultural operations to bring in foreign-born farmworkers temporarily. Most commonly, this visa is used to hire temporary workers for harvest time or planting, though livestock producers who need help on the range can also use the H-2A process to hire workers year-round. 

What is an H-2A visa?

Who can qualify?

What are the conditions necessary for an H-2A visa?

What’s the H-2A process like?

Once the temporary worker has entered the United States, they must proceed directly to the location of employment. If they fail to show up for work, finish their work early, abscond their employment, or are fired, the farm or U.S. agency must inform the USCIS of the change or face penalties and fines.

Are there any caps or limitations?

There are also limitations to how long H2-A visa temporary workers can remain. Usually, these workers can remain for up to one year and with renewals of their visa, a temporary worker staying in the United States has a limit of 3 years. After three years, they must depart the United States and remain outside the country for at least three months before reapplying for a temporary worker visa again.

Families of H2-A visa workers can seek to be admitted into the United States as H-4 non-immigrant holders. Only unmarried children under the age of 21 and spouses of temporary workers qualify for an H-4 visa, and holders of the visa cannot work in the United States.

How long does it take to get this visa?

How can Farmer Law help?

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