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An H-2A visa is for employers to hire temporary or seasonal foreign agricultural workers. H-2A visas are managed by the Department of Labor (DOL) under guidelines established by U.S.
The DOL requires that H-2A workers be paid “special rates of pay that vary by locality, must be provided housing and transportation from that housing to the job site if their employment requires them to be away from their residence overnight, and must be guaranteed an offer of employment for a total number of hours equal to at least 75% of the work period specified in the contract.”
Seasonal foreign farmworkers are vital to maintaining America’s food supply, as well as crops for export. Foreign workers are critical to the food supply. Farm work is low paying, manual jobs that many Americans refuse to do: American workers accept only 1 in 20 H-2A job offers and most later quit. Often called agricultural guest worker visas, most farmworkers are employed in the Spring and Summer months, depending on whether it’s crop or animal work, and location. Guest worker H-2A visas are nonimmigrant visas, meaning they are temporary work visas that cannot lead to permanent residence in the United States. Once their work permit has expired, guest workers must return to their home country.
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“an H-2A petitioner with a valid temporary labor certification who is concerned that workers will be unable to enter the country due to travel restrictions can start employing certain foreign workers who are currently in H-2A status in the United States immediately after United States Citizenship and Immigration Services (USCIS) receives the H-2A petition, but no earlier than the start date of employment listed on the petition. Additionally, USCIS is temporarily allowing H-2A workers to stay beyond the three-year maximum allowable period of stay in the United States.”
H-2A visas are not subject to the annual cap imposed on H-1B and other foreign worker visas.
Each year the Department of Homeland Security (DHS) publishes a list of eligible H-2A countries in the Federal Register. A farmworker cannot file for their own H-2A visa. A U.S. employer must file USCIS Form I-129 Petition for Nonimmigrant Worker with the H supplement on behalf of the foreign worker(s). The requirements for a U.S. employer to request an H-2A farmworker visa to the DOL includes:
Dependents of H-2A workers (spouses and unmarried children under 21 years of age) are entitled to H-4 status but are not entitled to work in the United States. H-4 visas are temporarily suspended under the 2020 COVID economic restrictions.
Despite being vital to America’s economy and food supply, H-2A visa applications have very strict requirements and must provide evidence to the government that all requirements are met. Satisfying the different requirements for each phase of the H-2A visa application process is complicated and remaining compliant with the regulations is very complex. The guest worker visa program is highly scrutinized program by the Department of Labor. Your best chance of having your farm labor jobs filled is to have your application managed and filed by a highly-skilled Visa and Immigration Attorney.
Meet Kalynn Hudman, our Employee Spotlight for July AND the winner of our Newsletter Naming Contest!
Maybe you met on a sightseeing trip, or perhaps in a semester-long study abroad program. A friend’s destination wedding. A…
Maybe you met on a sightseeing trip, or perhaps in a semester-long study abroad program. A friend’s destination wedding. A…
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.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
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