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…
H-2A visas are an important part of the U.S. labor market, and it’s vital for employers to understand how to go about utilizing them. That’s why we’ve made this guide to help employers prepare for their upcoming H-2A renewals.
Whether you’re filing one renewal or hundreds, this guide will show you the steps you need to take to ensure that you can keep your workers and ensure the job gets done.
Participating in the H-2A program means accepting specific responsibilities and obligations to remain eligible for H-2A renewals and keep your workforce up to date. Here are some tips for staying compliant when it’s time to renew your H-2A workers.
First, you need to check your eligibility with the Department of Labor (DOL). The DOL will determine eligibility based on a variety of factors, including whether you have already received authorization from DHS before, how many workers have been employed under the visa, and the length of their employment period.
It’s important to keep in note that the DOL will always review your past history with compliance. That’s why we recommend keeping a detailed list of communications, staff records, and wage records to ensure that you’re eligible for renewal.
Finally, ensure that you’re keeping accurate records even after the renewal process is complete. This helps you stay organized and ensures your workforce remains compliant for future H-2A visa renewals.
Once you know you’re eligible, it’s time to start your renewal application. You’ll also need to submit an Employment Verification Report (EVR) that verifies the identity and employment history of each worker. Once all necessary documents are submitted, DOL will review them and decide to approve or deny your H-2A visa renewal.
If you receive approval, be sure to keep track of any changes in immigration laws that may affect your workforce. This includes keeping track of the latest version of Form I-9 and the Adverse Effect Wage Rate (AEWR); it’s important to note that DOL determines this rate, and it can also change over time.
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.
Want to extend your H-2A visa without renewing? To extend an H-2A visa as an employer, you need to follow a specific process. Your first step should be assessing the continuing need for the foreign worker beyond the original terms.
If the need is justified, prepare to file a new Form I-129 petition on behalf of the worker with the U.S. Citizenship and Immigration Services (USCIS). This form should be filed timely, that is, before the expiration of the worker’s current H-2A status. Note that the extensions are given in increments of no longer than one year.
For short-term extensions of two weeks or less, you would need to apply directly to the Department of Homeland Security (DHS) for approval. It’s important to keep in mind that each extension request requires a new Form I-129, and the total period of stay between extensions cannot exceed three years.
After this period, the worker must reside outside the United States for an uninterrupted period of three months before seeking readmission under the H-2A program.
It’s important to note that H-2A visas can be renewed for up to two years, with two one-year extensions. However, before you’re able to renew, you must be able to justify the reason why you want to renew your employee’s visa. This helps the DOJ keep track of current visa holders and ensure that you and your company are staying compliant with the process.
The H-2A visa renewal process is complicated, so it is valuable to work closely with experienced immigration attorneys to support your business and help you remain compliant. If you have any questions or need help with the process, be sure to reach out and schedule a consultation with Farmer Law PC 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.
