How to apply for H2A visa?
The conditions to qualify for an H-2A visa as an employee are:
- Find a job from a US employer who is offering temporary agricultural work
- Prove that they intend to return to their home country after the visa expires
- Be of a certain nationality. Not all farm workers from all countries can come to the US to work. ...
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.
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.
Are H2A workers exempt from tax?
It is a common misconception that H2A workers are exempt from filing tax returns and paying income taxes. However this is not the case. Many H2A employers are unaware of this and thus inevitably pass on misinformation to their employees.
What is the H-2A visa program?
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.
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.
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 H-2A and H-2B visa?
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.
How long is H-2A visa valid?
The H2A temporary agricultural visa is a non-immigrant visa that allows foreign nationals to enter the US to carry out agricultural work/services on a temporary or seasonal basis. This visa is valid for a maximum period of 10 months.
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.
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.
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.
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.
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.
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 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.
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.
Can an H-2A worker be an H-4?
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.
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.
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.
Can a beneficiary be in the US without a H-2A?
If the beneficiary is already in the United States in a valid status and with no requirement to leave the United States, the beneficiary can simply transition to H-2A status. If the beneficiary is outside the United States, two additional steps are needed:
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 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?
The H-2A visa allows farms and agricultural operations to bring in foreign-born farmworkers temporarily. Most commonly, this visa is used to hire temporary workers for harvest time or planting, though livestock producers who need help on the range can also use the H-2A process to hire workers year-round.
Where to apply for H-2A visa?
Apply for the visa. Foreign workers need to apply at a U.S. Consulate or Embassy in their own country to secure an H-2A visa through the U.S. Department of State.
How to get a temporary H-2A?
If no domestic workers can fill the temporary jobs, farms will need to file a temporary labor certification application from the U.S. Department of Labor. Farms needing workers immediately should apply with their State Workforce Agency and apply for a temporary labor certification at the same time as they apply for the visa.
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