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 workers already legally in the United States to fill these positions before any H-2A visas will be granted.
There are several conditions that an employer must meet before an H-2A visa will be granted:
The employer is also required to provide unemployment insurance and all tools and supplies required by the 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 do not have a ceiling or cap on the number of permitted into the United States annually. Recent changes in how H-2A visas are processed by American consular officials have streamlined the process and removed many of the previous bureaucratic obstacles. This has increased the number of Mexican H-2A applicants receiving approval.
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.
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.
Last Modified: 11-11-2015 10:18 AM PSTLaw Library Disclaimer
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