How long does an employer have to file an H-2A petition?
The employer should file the H-2A petition at least 60 days but not more than 120 days before the worker is needed. As this is a lengthy process, the employer must allow enough processing time for delays and correction of application errors. 16. What forms are to be submitted by H-2A employer?
What is the H2A visa process?
H2A Process 3. FAQ 1. What is H2A visa? The H-2A temporary agricultural visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. to perform agricultural labor or services of a temporary or seasonal nature.
How long is H-2A visa valid for?
Since H-2A visas are temporary for agricultural work, they are valid for 1 year. So after a year, the employee has to return to their country of origin. However, in case they have not completed the work and the employer needs them, or they find another employer, the H-2A visa can be extended.
How long does it take to get a H-1B1 visa?
Since the H-1B1 visa is not available for premium processing, it takes more time than the H-1B. Processing time in general takes 4 to 6 months. The time also depends on seasonal fluctuations, so for more accurate information, you should contact the US Embassy where you applied.
How much does an H-2A visa cost?
The filing fee for the Form I-129 is $460. But, the filing fee and cost of the H2A visa application are generally born by your U.S. employer. The DS-160 has a $190 application fee. You might have to pay this fee out of your own pocket, but your employer should reimburse you for this.
How long can I stay in the US with a H-2A visa?
The maximum period of stay in H-2A classification is 3 years. A person who has held H-2A nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant.
Can I apply for green card with H-2A visa?
Does the H-2A visa lead to a “green card” (permanent residence) or US citizenship? No. The H-2A is a nonimmigrant visa issued for a limited period of time. It does not put workers on a path to permanent residence in the US or American citizenship.
How many H-2A visas are issued?
About 80 percent of H-2A jobs that were certified resulted in the issuance of H-2A visas, some 258,000 in FY21, including a peak 40,000 in March, 36,000 in April, and 34,000 in May.
Do H-2A workers pay taxes?
Yes. Wages you earn as an H-2A worker are subject to U.S. federal income tax. TIP: You should receive a Form W-2, Wage and Tax Statement, from your employer for each year you work. You will need the W-2 to file with your U.S.
What work can H-2A workers do?
The Immigration and Nationality Act (INA) authorizes the lawful admission of temporary, nonimmigrant workers (H-2A workers) to perform agricultural labor or services of a temporary or seasonal nature.
What do you need to apply for a H-2A visa?
You are eligible for the H2A seasonal agricultural workers visa provided: You have a valid job offer from a U.S. employer to perform temporary or seasonal agricultural work. You intend to return to your home country on expiration of the visa.
Do H-2A workers have Social Security numbers?
Yes. All H-2A workers are eligible for Social Security Numbers and should have one in order to file their taxes. To obtain a Social Security Number (SSN), the worker must complete Form SS-5 and take it to a Social Security Office with a current passport and current H-2A visa.
What does H-2A stand for?
H-2A: Temporary Agricultural Employment of Foreign Workers.
Do H-2A workers get minimum wage?
Employers that hire H-2A workers must pay a state-specific minimum wage, which may not be lower than AEWR. In California, the pay rate for H-2A workers was $14.77 in 2020 and $16.05 in 2021. In 2022, the state's H-2A workers will see a $2.74 hourly jump from the 2020 rate for an hourly pay of $17.51.
Where do H-2A workers come from?
The majority of H-2A visa holders are from Mexico and work on farms in California.
How do I apply for a job at H-2A?
To view all agricultural H-2A jobs in the U.S., visit the U.S. Department of Labor website at icert.doleta.gov. To apply for any agricultural H-2A job, you must have authorization and the right to work in the U.S. You must also qualify, be available, and be willing to perform the job.
How many temporary visas are issued each year?
In 2021, the United States issued nearly 470,000 visas for the H1B, H2A, H2B, and H4 programs, far fewer than the 616,000 issued in 2019. However, the total number of workers participating in these programs at any one time is unknown because the various federal data systems that process visas are not linked.
How can I bring a worker to USA?
The process of bringing a domestic worker on a temporary basis involves an employment contract, a visa, and a work permit. Some U.S. citizens and some nonimmigrants (that is, some people with temporary visas) can bring domestic workers to the United States on a limited-time basis.
How do I get an H 2B visa?
To qualify for an H-2B visa, your employer must meet the following requirements: The employer must have a need which is seasonal, one-time, intermittent, or peak load. The job time-frame must be for less than one year. There must be no qualified and willing U.S. workers available for the job.
1. What is H2A visa?
The H-2A temporary agricultural visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. to perform agricultural labor or...
2. What is meant by 'temporary or seasonal nature' of agricultural labor?
‘Temporary or seasonal nature’ means employment performed at certain seasons of the year, usually in relation to the production and/or harvesting o...
3. What privileges do I enjoy on H-2A visa?
On H-2A visa you may: Enter into the U.S. for temporary work and enjoy all the benefits of a regular employee Get your dependents to stay with you...
4. What are the limitations of H-2A visa?
The limitations of H-2A visa are: The job must be temporary in nature and the need should be for one year or less. The employer’s need cannot be on...
5. What are the requirements for H-2A visa employer?
The requirements are: An agricultural employer may file an application requesting temporary foreign agricultural labor certification The employer m...
6. What are the requirements for H-2A visa applicant?
To qualify for H-2A visa, you must: Have a valid job offer from a U.S. employer to perform temporary or seasonal agricultural work Show proof of an...
7. How long can I stay in the U.S. on H-2A visa?
The H-2A labor certification application shall be valid for the period of employment indicated on the Form ETA-750A , Application for Alien Lab...
8. Can I extend my stay on H-2A visa?
Yes, you may apply for Extension of Stay on H-2A visa. The employer may apply for re-certification for an additional two years with one year exte...
9. Can I change status while on H-2A visa?
Yes, you may apply for change of status on H-2A visa. If you are changing the job or employer (like H-2A to H-2B ), have your new employer file...
What is an H-2A visa?
The H-2A temporary agricultural visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. to perform agricultural labor or services of a temporary or seasonal nature.
What are the limitations of an H-2A visa?
The limitations of H-2A visa are: The job must be temporary in nature and the need should be for one year or less. The employer’s need cannot be ongoing or continuous. The employer has the burden of establishing the facts necessary to support a finding that the need is seasonal or temporary.
How long does it take to notify an employer of a nonacceptance of an application?
If your application is not accepted, then the regional administrator will notify the employer in writing within seven days after receipt of the application. The regional administrator’s notice of nonacceptance will:
Where to submit a visa application?
In a lawful status in the U.S., submit the visa application to a USCIS field office in the U.S.
Can a regional administrator waive the time period?
Note: In emergency situations the regional administrator may waive the time period specified, provided the regional administrator has an opportunity to obtain sufficient labor market information on an expedited basis on the U.S. worker availability. However, none of the minimum conditions of employment (wages, housing, and other benefits) are waived
Can a dependent work on a work visa?
No, your dependents may not work on dependent status. They have to apply for appropriate Work Visa.
Is there enough time to test the availability of U.S. workers?
The application did not meet the required time frames (except in emergency situations) and there is not enough time to test the availability of U.S. workers
How long does it take to process an H-2A visa?
It will depend a lot on the period of the year in which the visa is requested. If it is just before the harvest season begins, it is likely to take longer. Due to the number of visa applications received.
How long does an H-2A visa last for?
The validity of this visa is for a maximum year. Although the law allows visa extensions to be requested in certain situations that justify it. For example, if the work has not been completed and requires extra time.
What is the H2-A visa?
The H-2A visa is specially designed for temporary alien agricultural workers. This non-immigrant visa is one of the most important and strategic for the country that currently exists.
How do I apply for the H-2A agricultural worker visa?
The process to apply for an H-2A visa is started by the employer. The procedure is divided into two phases:
What is the form I-797?
This is the Notice of Action form through which employer and worker are notified by USCIS. From that moment on, the alien worker can apply for an H-2A visa.
How to contact USCIS if you have not received a notification?
If the petition is more than 15 days old and the petitioner has not received a notification, he can contact the agency by telephone. The USCIS Contact Center number is 800-375-5283.
How long do you have to wait to return to the US?
In order to return to the United States, you must wait a minimum period of three months. Then you can reapply for a new visa upon request from the US employer.
How long does it take to file an H-2A?
The standard filing process for hiring H-2A workers should take around 75 days and will include the following steps.
How to check status of H-2A?
Citizenship and Immigration Services. To track the status of your cases over time, sign in or sign up for a farmers.gov H-2A dashboard account through login.gov.
What is an H-2A?
The H-2A temporary agricultural program helps employers who anticipate a lack of available domestic workers to bring foreign workers to the U.S. to perform temporary or seasonal agricultural work including , but not limited to, planting, cultivating, or harvesting labor.
What does a farmer submit to the US Citizenship and Immigration Services?
The farmer submits a Petition for a Non-Immigrant Worker to the US Citizenship and Immigration Services.
How long do you have to notify USCIS of H-2A?
Petitioners must notify USCIS of an H-2A worker’s payment of or agreement to pay prohibited fees to a recruiter, facilitator or similar employment service within 2 workdays of gaining knowledge of such payment or agreement.
When will the H-2A be extended?
DHS will apply this temporary final rule to H-2A petitions requesting an extension of stay, if they were received on or after Dec. 18, 2020, through June 16, 2021. Additional information is available under the H-2A Requirements During COVID-19 Public Health Emergency section on the USCIS Response to COVID-19page.
How much is a failure to notify USCIS?
Failure to Notify USCIS: A petitioner who fails to comply with these employment notification requirements, or fails to demonstrate good cause for untimely notification, may be required to pay $10 in liquidated damages for each instance of noncompliance.
What does "workday" mean in USCIS?
Note: USCIS defers to DOL’s definition of “workday.” According to the Fair Labor Standards Act (FLSA), this generally means the period of time on any particular day when an employee begins and ends his or her “principal activities.”
What is an H-2A?
The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. A U.S. employer, a U.S. agent as described in the regulations, or an association of U.S. agricultural producers named as a joint employer must file Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker’s behalf.
Who must file an I-129?
agent as described in the regulations, or an association of U.S. agricultural producers named as a joint employer must file Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker’s behalf.
Can a H-2A family member work in the US?
An H-2A worker’s spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status. Employment-Related Notifications to USCIS.
Guide to H-2A work visa USA
H-2A is the second type of non-immigrant US work visa that is mainly for two types of workers:
What is an H-2A visa?
The H-2A visa is a non-immigrant visa that grants employment opportunities in the US, usually for temporary agricultural workers. However, if US employers wish to employ foreign workers, they first need to meet some basic requirements.
Who can apply for an H-2A visa?
Only those US employers who own farms and require foreign employees to work on them are granted to apply for the H-2A visa. The US employers must follow the mentioned criteria:
How to Apply for an H2A Visa
Once you are eligible to apply for an H2A visa, it’s time to continue its application process. Both US employers and foreign employees need to fill applications for an H2A visa. By following the below-given steps, you can successfully apply for the H2A visa.
Apply for the H2A visa
After USCIS has approved the petition form submitted by the US employer, the applicant can proceed to the final step of applying for an H2A visa application from their home country with the U.S. Department of State at a U.S. Embassy or Consulate. The applicant will require filing the DS-160 form and submitting it online.
How long does it take to process H-2A visas?
The processing time of an H-2A visa might vary depending upon the application; at times, it gets processed quickly as it is a seasonal employment opportunity. Moreover, it has been highly recommended for US employers to submit the petition form to USCIS 60 days before they need foreign workers.
FAQs
As you know, the H-2A visa is a non-migrant temporary visa that is valid for a maximum of one year. Once Visa gets expired, the applicant will require returning to their home country.
How long do you have to be laid off to get an H-2A?
Termination of Workers: Employers are prohibited from hiring H-2A workers if the employer laid off U.S. workers within 60 days of the date of need, unless the laid-off U.S.
What is H-2A in immigration?
Introduction. The Immigration and Nationality Act (INA) authorizes the lawful admission of temporary, nonimmigrant workers (H-2A workers) to perform agricultural labor or services of a temporary or seasonal nature.
What happens if an employer does not offer enough workdays to the H-2A?
If during the total work contract period the employer does not offer sufficient workdays to the H-2A or corresponding workers to reach the total amount required to meet the three-fourths guarantee, the employer must pay such workers the amount they would have earned had they actually worked for the guaranteed number of workdays.
How long does it take to notify the Department of Labor of a termination?
In order to negate a continuing liability for wages and benefits for a worker who is terminated or voluntarily abandons the position, employers are required to notify the Department of Labor (DOL), and in the case of an H-2A worker the Department of Homeland Security, no later than two working days after the termination or abandonment.
Do H-2A workers have to pay housing?
Housing: Employers must provide housing at no cost to H-2A workers and to workers in corresponding employment who are not reasonably able to return to their residence within the same day.
Do you have to work on specific days?
any and all significant conditions of employment, including payment for transportation expenses incurred, housing and meals to be provided (and related charges), specific days workers are not required to work (i.e., Sabbath, Federal holidays);
Do employers have to provide H-2A?
workers. H-2A employers must provide employment to any qualified, eligible U.S. worker who applies for the job opportunity ...
What is the H-2A rule?
Department of Labor (Department) announced and posted on the Office of Foreign Labor Certification’s website a forthcoming final rule, Temporary Agricultural Employment of H-2A Nonimmigrants in the United States (RIN 1205-AB89), pending publication in the Federal Register with a 30-day delayed effective date. On January 20, 2021, the Department withdrew this document from the Office of the Federal Register prior to its publication for the purpose of reviewing issues of law, fact, and policy raised by the rule, and therefore it will not take effect. The Department will notify the public of any further actions as appropriate once it completes its review.
What is an H-2A?
H-2A: Temporary Agricultural Employment of Foreign Workers. Section 218 of the Immigration and Nationality Act authorizes the lawful admission into the United States of temporary, nonimmigrant workers (H-2A workers) to perform agricultural labor or services of a temporary or seasonal nature. Before the U.S. Citizenship and Immigration Services ...
How Long Does it Take to Get a US Visa?
The US visa processing time depends on the type of visa that you are applying for. It takes from 3 to 5 weeks for a US visa application to get processed. After the processing, the applicant can get a positive reply on their application, and the consulate will deliver the document. The delivery of the visa can take up to two other workdays.
How long does it take to get a visa after an F-2 interview?
F-2 visa. Few days to 2 weeks. After your F-2 interview, you might get a response immediately from your interviewer on whether you got the visa or you were denied. However, it is more common that the wait will be a few days or weeks.
How long does it take for a P-1 visa to process?
If you do not have premium processing, after USCIS approves the petition, it might take another 2 to 3 months for the visa to process. P-1 visa. 3 to 6 months. It is a long wait, but the US institutions offer the opportunity to pay for premium processing.
How long do you have to wait to get a visa waiver?
Applicants who are required to apply for a waiver of ineligibility in order to get the visa, should keep in might that they will have to wait for 6 to 8 months from the date of their interview to get a reply.
How long does it take to get a visa reviewed?
It can take a few weeks for an applicant that applies for i.e. a tourist visa, while it may take months for another to get a response for the same visa, because of his / her situation.
How long does it take to get a response from ESTA?
Whereas, countries under the visa waiver program, applying through Electronic Travel Authorization System for short term visits, can get a reply in their ESTA application within 72 hours.
How long does it take to get a response from a blanket petition?
In addition, employers have the option of obtaining premium processing for the additional fees, which will speed up the L-1A processing time and you’ll get a response within 1 to 3 weeks. L-2 visa. 15 days to 1 month.
