ICE Worksite Visit Guidelines
ICE Worksite Visit Guidelines Who is ICE? The U.S. Immigration and Customs Enforcement (ICE) was established in 2003. ICE was…
The United States has a long history of welcoming workers from abroad to support the agricultural sector. The first agricultural guest worker program — later formally called the Bracero program — was initiated in 1917 to recruit workers from Mexico to fill in the U.S. labor shortage during World War I.
While this first-wave bilateral agreement was temporary, it set the stage for a number of agreements and policies that, over the years, have been amended and adjusted to ensure that fair opportunities are available for American workers, and that safe and fair working conditions are available to foreign nationals who come to the country.
The H-2A program was created by Congress in 1986 to allow foreign workers to legally work temporarily for U.S. farmers who were unable to hire qualified Americans to provide agricultural labor.
This visa program allows agricultural employers who meet specific regulatory H-2A requirements to bring foreign nationals to the United States to fill temporary agricultural jobs that cannot be filled otherwise with qualified U.S. workers.
The H-2A is a nonimmigrant work program that allows U.S. employers who foresee a shortage of labor to bring in nonimmigrant workers provided that the work is either seasonal or temporary.
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.
The work performed by H-2A workers has to be agricultural in nature and seasonal or temporary in nature. While many people may have images in their mind of agricultural workers during harvest time, which is common, the type of agricultural work covered by the H-2A program can vary.
H-2A workers may be used to build agricultural facilities like hog barns, chicken barns, and greenhouses or may plant, cultivate, or harvest crops. If you want to know if your business is qualified to sponsor H-2A workers, give Farmer Law PC a call today to receive no-cost information about your unique employment needs.
In order to apply for workers under the H-2A classification, petitioners must
Only workers from particular countries are eligible to participate in the H-2A program. A complete list of the Department of Homeland Security’s (DHS) eligible countries is provided by the United States Citizen and Immigration Services (USCIS), along with the most recent updates and their impact on existing H-2A visa holders.
Each of these three stages involves a number of smaller steps with numerous documents and several agencies, which is in part why farmers historically have used it as a last resort. However, the number of certified H-2A jobs has increased rather steadily since 2005, in part due to faster processing times and a continued lack of available U.S. workers in spite of increased wage growth intended to attract those workers. In addition, there is no numerical limitation to the number of visas that can be issued annually under the H-2A program.
Before filing the H-2A visa application with the DHS, employers must first obtain temporary labor certification from the DOL.
The DOL issues the final determination 30 days before the start of the job. Petitioners who receive a denial or only a partial certification may appeal. Employers who have been partially certified or certified have 30 days to pay the initial fees of $100 plus $10 per worker.
Once the labor certification has been received, employers need to begin the process for filing their petition for nonimmigrant workers.
Employers are responsible for submitting the application for their H-2A workers’ arrival and organizing their transport to the U.S.
Overall, the standard process takes about 75 days from the application for labor certification to the arrival of workers. In some circumstances where workers are needed in fewer than 75 days, emergency or immediate need applications (for workers are needed in fewer than 44 days) may be considered. H-2A visa petitions generally are not granted, even on an emergency basis, to employers who have been affected by strikes or work stoppages.
The CATO institute reports that
In one case example, the North Carolina Growers Association sought to fill 7,008 jobs through the H-2A program in 2012, and just 143 U.S. workers applied for and reported to work. Of those, only 10 workers completed the growing season. These jobs take place in rural areas and often under extreme conditions, and many American workers prefer to find work elsewhere.
Without H-2A visas, the productivity of the U.S. agricultural industry would be severely impacted. H-2A visas are not a luxury for employers but a necessary part of the agricultural business sector in order to stay competitive.
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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.
