Full Answer
What is the H-2A visa program?
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.
What is the difference between H-2 and H-3 visas?
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 are the eligibility requirements for H-2A visa?
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,
What happens when a H-2 visa worker returns to the US?
If the worker is outside the United States for 3 months or more, the worker's clock is completely reset, and whenever the worker next returns on a H-2 visa, the worker's time in the United States starts from zero. The Immigration and Nationality Act of 1952 introduced a temporary unskilled worker category, the H-2 category.
What is difference between h1 and h2 visa?
H-1B visas are for the employment of skilled workforce who possess university degrees and experience in a certain domain. These applicants, if approved, are granted a period of three to six years. Whereas, H-2B visa holders are allowed for one year, with renewal for two years.
What type of visa is h2?
The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peakload need or intermittent need.
What does h2 visa mean?
The H-2B 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 nonagricultural jobs.
Who is eligible for 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.
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.
Can I work on h2 visa?
The H2B Visa is a non-immigrant permit that allows an U.S employer to hire foreign employees for temporary jobs. It can be used to perform services or labor on a one-time, seasonal, and intermittent basis. To be eligible, you must receive a formal offer from an U.S.-based employer.
How long can I stay in the US after my H-2B visa expires?
Also, H-2B workers are permitted to stay in the United States for up to ten days after the expiration date of the approved H-2B petition to leave the country or seek an extension or change of non-immigrant status.
How much does H-2B visa cost?
How Much Does an H-2B Visa Cost? As of January 2021, the USCIS processing fee for an H-2B petition is $460. If you need to apply for a US visa at an embassy or consulate abroad, the visa fee is $190.
Can a H-2A worker apply for 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.
Can H-2B lead to green card?
Does the H-2B visa lead to a “green card” (permanent residence) or U.S. citizenship? No. The H-2B is a nonimmigrant visa issued for a limited period of time. It does not put workers on a path to permanent residence in the U.S. or American citizenship.
Can I apply for green card with H-2B visa?
The H-2B visa is a nonimmigrant visa that is valid for a set period of time. It does not lead to permanent residence in the United States, but H-2B visa holders can apply for status adjustment from H2B visa to permanent resident. An H-2B visa holder may apply for a Green Card while on the H-2B visa.
What is the age limit for H-2B visa?
There is no age restriction, the program is generally open to participants between 18-45 years old.
How long can you stay on a H-2A visa?
3 yearsThe 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.
What is h1 h2 visa?
The H1B2 visa is for government research work (typically facilitated by an agreement between the U.S. government and petitioner's government), while the H13B visa is for high-profile fashion models. Also note that there is a statutory limit (“cap) of H1B visas available each year.
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.
What are H-2A and H-2B visa programs?
Both the H-2A and H-2B programs allow qualified organizations and businesses to hire foreign workers in situations where American workers are not available, able, or willing to fill an empty role. The H-2A visa is for farms and businesses that need temporary or seasonal agricultural labor.
What is an H2 visa?
The H2 Visa or Temporary Work Visa for the United States is a temporary immigration permit that grants the condition to work legally in that country with an employer of United States origin.
How many steps are there to get an H2 visa?
In general, there are 3 steps and mandatory requirements to obtain any of the H2 category visas. These may be subject to modification specifically depending on the visa, country of origin of the application, the company that carries out the procedure, and your particular condition; however, the process generally consists of:
Where do I send my I-129?
2. Petition or form I-129: this petition for a Nonimmigrant Worker must be sent by your employer to the Department of Homeland Security (DHS), which determines the number of authorized workers and the validity time of the petition.
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.
How to get a H2 visa in the US?
The process for obtaining a temporary work visa H2 is initiated by the employer in the United States, with a request that he cannot find the workers he needs. Once approved by the US government, the US employer will send the documents to the Honduran worker. The American company does all the paperwork in the US and the applicant only goes to ...
Can a visa be refused?
Wary of anyone offering a visa service because no one, except the Consulate, can issue or refuse a visa.
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-2B?
The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States.The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peakload need or intermittent need. The H-2B program requires the employer ...
What is the wage and hour division?
The Wage and Hour Division has been delegated enforcement responsibility by the Department of Homeland Security effective January 18, 2009, to ensure H-2B workers are employed in compliance with H-2B labor certification requirements. The Wage and Hour Division may impose administrative remedies such as wage payments and civil money penalties against employers who violate certain H-2B provisions.
How long do you have to notify USCIS of H-2A?
Petitioners must notify USCIS of an H-2A worker’s payment 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.
Can a H-2B family member work in the US?
Any H-2B 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.
Can a H-2B spouse be a H-4?
Any H-2B 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.
Is there an exemption for H-2B in Guam?
The National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA) created an exemption for certain H-2B peti tioners on Guam and in the Commonwealth of the Northern Mariana Islands (CNMI) from the requirement to show that the need for a worker is temporary. This exemption has been extended and amended by subsequent NDAAs. Volume 2, Part I, Chapter 11 of the USCIS Policy Manual provides additional information and guidance on qualifying for the exemption.
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.
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 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.
