How to get a H-2A visa?
H-2A Visa Application Paths
- The farmer applies for a domestic job order with the local State Workforce Agency.
- The farmer applies for a temporary labor certification with the Department of Labor's Chicago National Processing Center.
- Department of Labor's Chicago National Processing Center provides the farmer with its final determination.
Do H2A workers pay taxes?
Some H2A workers may be required to file tax returns and possibly pay taxes or receive a refund. If you work more than 183 days in a calendar year, you must file a tax return regardless of how much you earn.
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 sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work.
What does H2A stand for?
What does H2A stand for? H2A stands for H2 (Histamine-2) Receptor Antagonist. Suggest new definition. This definition appears very frequently and is found in the following Acronym Finder categories: Science, medicine, engineering, etc. Other Resources: We have 1 other meaning of H2A in our Acronym Attic.
How long is an H-2A visa good for?
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.
How much does an H-2A visa cost?
Costs of the H-2A Visa ProgramTYPE OF EXPENSECOSTLabor CertificationFiling fee$460H-2A Visa ApplicationConsulate fee$190 per worker (worker must be reimbursed in first paycheck)10 more rows
What is H-2A visa in USA?
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.
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 visa holder get a green card?
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.
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.
How are H-2A workers paid?
Wages: You must be paid at least twice per month at the rate stated in your work contract, and each payday you must be given a pay stub listing pay rate(s), hours worked, deductions, and earnings. You must be guaranteed at least 3/4 of the total hours of work stated in your work contract.
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 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.
Can H-2A workers bring family?
Dependents: Both H-2A and H-2B visa holders are entitled to bring in their spouse and unmarried children who are less than 21 years of age. They require H-4 visa for entry into the U.S. Employment for dependents: Dependents of the H-2A and H-2B visa holders are not entitled to work in the U.S.
Who is eligible for H-2B visa?
To qualify for H-2B nonimmigrant classification, the petitioner must establish that: There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work. Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Who hires H-2B workers?
An H-2B visa is a type of work visa that allows employers to hire temporary workers who are foreigners to fill temporary nonagricultural job positions such as Landscaping, grounds maintenance, construction, restaurant/hospitality, maintenance, golf, manufacturing, processing, and other specialty services firms.
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.
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.
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.
Can employers hold passports?
Employers can’t hold or confiscate workers’ passports or other immigration documents.
What is H2A temporary?
The H2A temporary agricultural program establishes a means for 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.
What are the conditions for an employer to import foreign workers under the H2A visa?
The employer must satisfy the following conditions to import foreign workers under the H2A visa: a. Recruitment: The employer must engage in independent positive recruitment of U.S. workers. This means an active effort, including newspaper and radio advertising in areas of expected labor supply.
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-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 an H2A visa?
The H2A visa is a non-immigrant visa program that allows low-skill, temporary, or seasonal workers to seek employment in the U .S. The H2A visa allows U.S. employers and U.S. agents that meet specific requirements to employ foreign nationals and bring them to the U.S. to take up temporary agricultural jobs. Usually, the United States Citizenship and ...
Who Qualifies for an H2A Visa?
You don’t have to meet specific eligibility criteria to qualify for the H2A visa. Typically, H2A visa beneficiaries are 18 years or older, but the minimum age requirement will depend on the type of job you are applying for and any applicable restrictions under state or labor laws.
How long does it take to get an H2A visa?
Generally, however, the whole process takes about 90 days from start to finish to complete.
What form do I need to file for a nonimmigrant visa?
The U.S. employer or agent must file a Form I-129, Petition for a Nonimmigrant Worker on your behalf. You will also need to submit a DS-160 Online Non-Immigrant Visa Application (explained below).
Can an H2A visa be granted?
It also doesn’t lead to U.S. citizenship. The H2A visa is a non-immigrant visa, so it will only be granted for a temporary period.
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.
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 dependent work on a work visa?
No, your dependents may not work on dependent status. They have to apply for appropriate Work Visa.
Can an employer resubmit an H-2A visa?
Yes, your employer may resubmit the H-2A visa application with modifications. In such instances, the employer should file the amended application within five days of the regional administrator’s notice of nonacceptance. The amended application must be filed with the regional administrator (with a copy to the SWA).
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 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 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.
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 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 ...
How to apply for H2A visa?
To apply for the H2A visa for foreign worker, you must furnish the original or copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). Your visa application must include the following documents: 1 DOS Form DS-156, Nonimmigrant Visa Application 2 DOS Form DS-157, Supplemental Nonimmigrant Visa Application, for all male applicants between the ages of 16 and 45 3 A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page 4 Two identical color photographs showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member 5 Proof that you meet the minimum job requirements stated in the labor certification application
What is an H2A petition?
An H2A petition for foreign worker is filed on U.S. Citizenship and Immigration Services (USCIS) Form I-129, along with the Form I-129H supplement and the approved Labor Certification from the U.S. Department of Labor. Your H2A petition must include:
How long is an H2A certificate valid?
An H2A certification is valid for up to 364 days. As temporary or seasonal agricultural employment, the work is performed at certain seasons of the year or for a limited time period of less than one year when the employer can show that the need for the foreign worker is truly temporary.
What is a certification for foreigners?
The certification is designed to ensure that the admission of foreigners to work in this country on a temporary basis will not adversely affect the job opportunities, wages, or working conditions of U.S. workers.
How old do you have to be to get an H4 visa?
Spouses and/or children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for an H4 visa.
What is the age limit for a nonimmigrant visa?
DOS Form DS-157, Supplemental Nonimmigrant Visa Application, for all male applicants between the ages of 16 and 45
Key News
- 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 Registerwith a 30-day delayed effective date. On January ...
General Guidance
Fact Sheets
- Fact Sheet #26- general information concerning the application of the H-2A requirements to the agricultural industry for H-2A applications submitted on or after March 15, 2010. 1. Spanish Version(PDF) Fact Sheet #77D- Retaliation Prohibited under the H-2A Temporary Visa Program 1. Spanish Version (PDF)
Posters
Presentations
Applicable Laws and Regulations
- Law
1. Section 1188 — Admission of Temporary H-2A Workers
Civil Money Penalty Inflation Adjustments
- Starting in 2016, agencies across the federal government must adjust their penalties for inflation each year. Below is a table that reflects the adjustments that have occurred for penalties under this statute. For more information on the penalty adjustments, go here.