Foreign agricultural workers can qualify for an H-2A visa if they meet the following requirements:
- They received a temporary job offer for the agricultural sector from a United States employer.
- They demonstrate their intention to return to their country of origin before their visa expires.
- They are citizens of any of the countries legally authorized to offer agricultural labor. Review the following list here.
Full Answer
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.
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 long is an H-2A visa good for?
Generally, US. Citizenship and Immigration Services (USCIS) grants H-2A classification for 10 months or less, at which time the worker returns to his or her home country. If the employer would like the worker to return for work the following year, the employer can request that USCIS renew the visa.
How much does a 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 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.
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.
Where do H-2A workers come from?
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 ...
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.
How can I bring a worker to USA?
The process of bringing a domestic worker on a temporary basis involves an employment contract, a visa, and a work permit. Some U.S. citizens and some nonimmigrants (that is, some people with temporary visas) can bring domestic workers to the United States on a limited-time basis.
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.
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 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
1. What is H2A 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...
2. What is meant by 'temporary or seasonal nature' of agricultural labor?
‘Temporary or seasonal nature’ means employment performed at certain seasons of the year, usually in relation to the production and/or harvesting o...
3. What privileges do I enjoy on H-2A visa?
On H-2A visa you may: Enter into the U.S. for temporary work and enjoy all the benefits of a regular employee Get your dependents to stay with you...
4. What are the limitations of 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 on...
5. What are the requirements for H-2A visa employer?
The requirements are: An agricultural employer may file an application requesting temporary foreign agricultural labor certification The employer m...
6. What are the requirements for H-2A visa applicant?
To qualify for H-2A visa, you must: Have a valid job offer from a U.S. employer to perform temporary or seasonal agricultural work Show proof of an...
7. How long can I stay in the U.S. on H-2A visa?
The H-2A labor certification application shall be valid for the period of employment indicated on the Form ETA-750A , Application for Alien Lab...
8. Can I extend my stay on H-2A visa?
Yes, you may apply for Extension of Stay on H-2A visa. The employer may apply for re-certification for an additional two years with one year exte...
9. Can I change status while on H-2A visa?
Yes, you may apply for change of status on H-2A visa. If you are changing the job or employer (like H-2A to H-2B ), have your new employer file...
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.
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 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-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?
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 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 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:
