H-2A VISA
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H-2A, Seasonal or Temporary Agricultural Visas

Congress has conferred to certain agricultural employers, through the H-2A application process, the right to sponsor foreign nationals to live and work in the United States on a temporary and/or seasonal basis. When a foreign national is sponsored by a U.S. company, the foreign national enters the United States on a temporary visa, which is placed in their passport. Upon entry, the foreign national will have the right to work only for the sponsoring employer for the duration identified on their visa.

Numerical Cap

The H-2A visa does not have a numerical cap. This is because foreign labor is the lifeblood of the agricultural industry and Congress has recognized the importance of importing temporary labor so the American Farmers can feed the world.

Application Process

The application process for H-2A applications can be rather complex. It is important to speak with one of our Attorneys to ensure an H-2A application is right for you. Each of the requirements below has specific evidentiary standards that must be met to satisfy the requirements of the application process. Our Attorneys have extensive experience in H-2A visa applications and would love to discuss your immigration needs today.

That being said, all H-2A applications have the same basic requirements:

  • The application must be filed with the State Workforce Agency;
  • The application must be filed with the Department of Labor;
  • The application must be filed with the Department of Homeland Security.

Satisfying the requirements of each phase of the application process can be complicated. Satisfying each phase of the application process in a compliant way is far more complex. This is a highly scrutinized program by the Department of Labor (DOL), so it is imperative you have your application filed by a highly skilled Attorney. Reach out to our firm today to discuss your application options.

Qualifications

To qualify for certification of an H-2A Petition, Employers must prove the following to both the DOL and the USCIS:

  • Position is temporary or seasonal in nature;
  • Position is agricultural in nature;
  • Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work;
  • Demonstrate that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Determining each of the requirements above require specific and detailed evidence to be provided to the reviewing governmental entity. As such, it is imperative if you are filing an H-2A application, you use one of our experienced immigration attorneys to help guide you through the application process.

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