H-2A Visas: Seasonal Foreign Agricultural Workers

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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What Is an H-2A Visa Work Permit?

The H-2A program provides temporary visas to agricultural employers so that they can hire foreign labor for temporary or seasonal work.  Employers must first show that there are not enough U.S. workers to fill these positions before any H-2A visas (petitions) will be granted.

What Are the Conditions for H-2A Visa Certification?

There are several conditions that an employer must meet before an H-2A application will be granted:

The employer is also required to provide unemploymeny insurance and all tools and supplies required by workers.  All employees must be guaranteed employment for three-fourths of the workdays during the work period, and the employer must hire any U.S. worker who applies for the job before 50% of the work period has elapsed. the H-2A program is one of the few visa categories that does not have a ceiling or cap on the number of permitted into the US anually. Recent changes in how H-2A visas are processed by US consular officals have streamlined the process and removed many of the previous bureaucratic obstacles. This has increased the number of Mexican H-2A applicants receiving approval.

How Can an Employer Apply?

An employer must file an application with the U.S. Department of Labor National Processing Center and local State Workforce Agency at least 45 days before the work is to begin.  If the application is accepted, the Department of Labor will inform the employer of the requirements before foreign workers can be found.  Once the employer has complied with these, the employer will be granted certification to hire the specified number of foreign workers.

Do I Need a Lawyer?

If you are an employer seeking to hire seasonal foreign labor, the process can be very long and complex.  An experience immigration attorney can help guide you through the process and make sure all regulations are complied with.  An attorney can also help you in an appeal if an application is not granted.

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Last Modified: 07-06-2011 01:51 PM PDT

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