What do employers need to know about H-2A visas?
H-2A employers must provide employment to any qualified, eligible U.S. worker who applies for the job opportunity until 50 percent of the period of the work contract has elapsed. Employers must offer U.S. workers terms and working conditions which are not less favorable than those offered to H-2A workers.
Who may apply for H-2A classification?
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 May Qualify for H-2A Classification? Offer a job that is of a temporary or seasonal nature.
What is the new rule for H-2A nonimmigrants in the US?
On January 15, 2021, the U.S. 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.
Which countries get the most H-2A visas?
H-2A visas are issued to citizens of countries from Argentina to Zimbabwe, but 99 percent went to citizens of four countries: Mexico, 93 percent, South Africa, three percent, Jamaica, two percent, and Guatemala, one percent.
How many H-2A visas are issued 2021?
Major Types of Foreign Worker Visa ProgramsApplicantsNumber issued in 2021H1B61,569H2A257,898H2B95,05318 more rows•Apr 25, 2022
How long does it take to get a H-2A visa?
Standard. The standard filing process for hiring H-2A workers should take around 75 days and will include the following steps. The farmer applies for a domestic job order with the local State Workforce Agency.
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.
What is one of the most common violations in the H-2A program?
It's difficult to pick the most common violations that occur under H2A because there so many potential problem areas but here are several that we've seen time and time again: Not paying employees on time. Misrepresenting the number of workers needed or the time period for which they are needed.
Can you get a green card with a 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 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.
Where do most H-2A workers come from?
H-2A visas are issued to citizens of countries from Argentina to Zimbabwe, but 99 percent went to citizens of four countries: Mexico, 93 percent, South Africa, three percent, Jamaica, two percent, and Guatemala, one percent.
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.
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 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 is the difference between H-2A and H-2B?
Overview. H-2A visas can be issued to seasonal agricultural workers to fill temporary agricultural jobs for which U.S. workers are not available. H-2B visas are issued to unskilled workers to perform a job which is temporary or seasonal in nature and for which there is a shortage of U.S. workers.
How many H-2A visas were issued in 2020?
Employers must also show that the temporary foreign workers will not negatively affect the wage or work conditions of similar US-based workers. There were 213,394 H-2A visas issued in fiscal year 2020, up from 204,801 in fiscal year 2019. In 2007, there were 50,791 H-2A workers.
When will the H-2A visa be extended?
Parts of the temporary rule were extended through 2023. In March, the House approved the Farm Workforce Modernization Act, which provides a path to citizenship to long-time farmworkers here on an H-2A visa. The Senate has not voted on the bill. Sources & Footnotes.
How many agricultural work visas will be issued in 2020?
According to State Department data, the agricultural work visa was one of two visa categories to increase in numbers. Nonimmigrant visas allowing temporary entry to the US for reasons including tourism, schools, and work dropped 54% from 8.7 million in 2019 to 4 million in 2020.
How many H-2A workers will be in Mexico in 2020?
Mexican workers are the majority of temporary agricultural workers. In 2020, 198,000 or 93% of H-2A workers came from Mexico. Three other countries sent more than 2,000 H-2A workers in 2020: South Africa (5,508 visas), Jamaica (4,659), Guatemala (2,123). Employer applications for H-2A visas increased in recent years, ...
Which states have the most jobs certified in 2020?
Employers in five states accounted for more than half of the positions certified by the Department of Labor in 2020: Florida, Georgia, Washington, California, and North Carolina.
Which state has the most H-2A positions?
Employers in five states accounted for more than half of the positions certified by the Department of Labor in 2020: Florida, Georgia, Washington, California, and North Carolina. Florida has the largest share of H-2A positions. Embed on your website.
Can an agricultural employer issue a temporary visa?
Under the H-2A program, agricultural employers may petition the government to issue temporary work visas provided they can prove that there aren’t enough US workers “who are able, willing, qualified, and available to do the temporary work.”. Employers must also show that the temporary foreign workers will not negatively affect ...
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 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 much of a contract must you reimburse for transportation?
Transport expenses and daily subsistence from wages, but you must reimburse these costs once 50% of the contract is completed.
Can employers hold passports?
Employers can’t hold or confiscate workers’ passports or other immigration documents.