What type of visa is H-2A?
nonimmigrant visa programThe H-2A visa is a nonimmigrant visa program that allows US employers to bring foreign nationals to the US to fill low-skill, temporary or seasonal agricultural jobs for which US workers are not available.
Who qualifies for H-2A visa?
Who May Qualify for H-2A Classification? To qualify for H-2A nonimmigrant classification, the petitioner must: Offer a job that is of a temporary or seasonal nature. Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
What does H-2A visa stand for?
The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.
How long does it take to get 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 taxes do H-2A workers pay?
A1. Yes. Foreign agricultural workers admitted into the United States on H-2A visas are exempt from federal income tax withholding, AND U.S. Social Secu- rity and Medicare taxes (FICA) on wages paid to them for services performed in connection with their H-2A visa.
Can I travel with H-2A visa?
Are there any travel restrictions on H-2A visa? No, there are no travel restrictions on H-2A visa. You may travel as many number of times as required before the expiry of your H2A status. The USCIS also does not impose any time limit on your stay abroad.
How much does it cost to sponsor an immigrant worker?
In general, a visa sponsorship costs approximately $4000 but may cost $8-9,000 if a company has more than fifty employees and 50% of those employees are foreign nationals....How Much Does It Cost to Sponsor a Visa?Visa/FormCostAmerican Competitiveness and Workforce Improvement Act of 1998 charges$750 to $1,5004 more rows•Mar 16, 2022
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.
Can a H-2A worker apply for a green card?
– Changing Status. Many foreign temporary workers wonder whether they are allowed to apply for lawful permanent residence under H-2A nonimmigrant status. USCIS permits H-2A workers to apply for different visas, including employment and family-based green cards.
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.
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.
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 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.
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.”
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.
Does H-2A affect wages?
Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
What is an H-2 visa?
The H-2 category allows U.S. employers to bring noncitizens into the U.S. on temporary agricultural (H-2A) and non-agricultural (H-2B) visas. The H-3 category allows for noncitizens coming temporarily to the United States to either receive training or to participate in a special education exchange visitor training program.
What is the eligibility for H-2A?
Eligibility for H-2A: To qualify for H-2A nonimmigrant classification, the petitioner must: Offer a job that is temporary or seasonal; Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work; Show that prospective employees are nationals of an H-2A eligible country ...
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.
Who must meet the requirements for an H-2A visa?
The requirements for an H-2A visa must be met by the employer and the foreign worker applying for the visa.
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:
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 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.
When an employer offers accommodation to a worker, must they also provide transportation to and from work?
When employers offer accommodation to workers, they must also provide transportation to and from work. Upon termination of the contract, the employer must pay the employee the transportation costs when he returns to the place where he was recruited.
What is an H-2A visa?
The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.
What is an H-2A employer?
H-2A employers are the only group of employers who are required to pay inbound and outbound transportation, free housing, and provide meals for their workers. H-2A agricultural employers are among the most heavily regulated and monitored employers in the United States. Unlike other guest worker programs, there is no cap on the number ...
What form do I need to apply for H-2A?
The beneficiary must apply for a H-2A visa to a United States consulate in his or her home country with the approved Form I-129 petition, ETA Form 790, approved Temporary Labor Certification, and other necessary documents. The visa decision is made by a consular officer representing the U.S. Department of State.
How long does it take to get a visa revalidated?
Note that the time needed outside the United States in order to qualify for an interrupted stay exceeds the maximum time permissible for automatic visa revalidation, which is 30 days.
What is the process to get an H-2A?
The process in order for a worker to be able to start in H-2A status involves a job order from a State Workforce Agency, a Temporary Labor Certification from the U.S. Department of Labor Employment & Training Administration's Office of Foreign Labor Certification, a Form I-129 approval from the U.S. Citizenship and Immigration Services (a branch of the U.S. Department of Homeland Security ), a visa from a consular officer representing the U.S. Department of State, and a Form I-94 issued by U.S. Customs and Border Protection at a port of entry.
How long does it take to get an ETA form 790?
A job offer (ETA Form 790) must be filed with the State Workforce Agency (SWA) in the area of intended employment between 60 and 75 days before the date of need for workers. Each State Workforce Agency has a mailing address and some have websites, contact email addresses, and phone numbers. The State Workforce Agency is also responsible for handling job orders for the H-2B visa, but the specific contact person or mailing address may differ. The job orders are publicly listed by the State Workforce Agency (including on their website). Additionally, the employer must advertise for the position in local newspapers. Any United States citizen who applies for the job must be given one.
Where can I present my H-2A?
Armed with the H-2A visa and other documents, the beneficiary may present himself or herself at a port of entry, where an officer working for U.S. Customs and Border Protection issues the beneficiary a Form I-94 for H-2A status.
What is H-2A temporary employment?
The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Employment is of a seasonal nature where it is tied to a certain time of year by an event or pattern, ...
Does H-2A affect wages?
workers available to perform the temporary and seasonal agricultural employment for which nonimmigrant foreign workers are being requested; and. Employment of H-2A workers will not adversely affect the wages and working conditions ...
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 ...
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 visa?
H-2A visas allow U.S. employers in the agricultural sector to employ seasonal workers from other countries. While the workers benefit from being able to enter the country to earn a living, it’s the employers who are responsible for applying to the H-2A program by submitting visa applications to the various agencies, including the Department of Labor and U.S. Citizen and Immigration Services’ Employment and Training Administration.
When was the H-2A visa created?
Today’s H-2A visa program was created by Congress in 1986 to address that fact.
How to get a temporary employment certificate?
Labor certification. Employers must get a temporary labor certification from the U.S. Department of Labor (DOL) before filing with the USCIS. Form ETA-790 should be submitted 60 to 75 days prior to work beginning to the appropriate stage agency. Then, at least 45 days before work begins, they must submit ETA Form 9142 with an approved job order to the DOL’s National Processing Center. Finally, at least 30 days before the job starts, employers must submit a recruitment report stating that they have been unable to fill the open positions with U.S. workers. From that point, certified employers have to pay the initial $100 + $10/worker fee per needed worker.
Why is the H-2A program important?
The current program aims to ensure that agricultural operations have the labor they need while also protecting opportunities for U.S. workers. It also addresses workplace safety and fairness for foreign nationals in the program. Given that only about 2.9% of these jobs typically get filled by U.S. workers, the H-2A visa program helps the U.S. keep domestic food production going and reduces the country’s need to import more expensive food.
Is H-2A visa for farmers?
workers rise, more agricultural operation owners, including farmers, have made increasing use of the program. However, since the process is so involved, H-2A visas are often a last resort for farmers and others in agriculture. That’s where a team like Farmer Law’s comes in.
Do H-2A visas end?
The employer regulations do not end once workers have arrived in the U.S. ready to work. The H-2A visa program also requires that employers maintain detailed employment records, ensure that the information they certified remains true, and follow all laws affecting seasonal agricultural workers.
Overview
An H-2A visa allows a foreign national worker into the United States for temporary agricultural work. There are several requirements of the employer in regard to this visa. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. In 2015 there were approximately 140,000 total te…
Employing H-2A workers
The wage or rate of pay must be the same for U.S. workers and H-2A workers. The hourly rate must be at least as high as the applicable Adverse Effect Wage Rate (AEWR), federal or state minimum wage, or the applicable prevailing hourly wage rate, whichever is higher. The AEWR is established every year by the Department of Labor for every state except Alaska.
If a worker will be paid on a piece rate basis, the worker must be paid the prevailing piece rate as …
Application process
The process in order for a worker to be able to start in H-2A status involves a job order from a State Workforce Agency, a Temporary Labor Certification from the U.S. Department of Labor Employment & Training Administration's Office of Foreign Labor Certification, a Form I-129 approval from the U.S. Citizenship and Immigration Services (a branch of the U.S. Department of Homeland Security), a visa from a consular officer representing the U.S. Department of State, an…
Validity
Below are the basic rules governing the H-2A status:
• Each Form I-129 petition for initial employment or extension of employment can be for a duration of at most one year.
• After the worker has completed three years in H-2A status, the worker must leave the United States for at least three months before being able to return in H-2A status. In fact, the rules count continuous stay across all H statuses for the purpose of counting the three years.
History
The Immigration and Nationality Act of 1952 introduced a temporary unskilled worker category, the H-2 category. The Immigration Reform and Control Act of 1986 subdivided this category into two subcategories: the H-2A (an uncapped category for temporary agricultural workers) and H-2B (a capped category for temporary workers in other domains). The particular importance given to temporary agricultural workers was intended to balance the potential decline in the illegal immig…
Statistics
Note that the count below is of the number of visas issued by a United States consular officer. The years here are Fiscal Years, so for instance the year 2004 refers to the period from October 1, 2003 to September 30, 2004. These should approximately match but may not exactly match with the number of Form I-129 approvals of H-2A status by the United States Citizenship and Immigration Ser…
See also
• Guest worker program
• Bracero Program
• H-2B visa
External links
• Actions Needed to Improve the Transparency and Reliability of Labor’s Data on the H-2A Program Government Accountability Office
• H-2A Employer Handbook from USDOL: http://www.foreignlaborcert.doleta.gov/pdf/H-2A_Employer_Handbook.pdf
• US DOL H-2A webpage: http://www.foreignlaborcert.doleta.gov/h-2a.cfm