Temporary/Seasonal Agricultural Workers Visa – Non-immigrant Visa: H-2A

H-2A visa is a temporary and non-immigrant visa that allows foreign nationals to apply for seasonal agriculture jobs in the US. Here, individuals from other countries can apply for those agriculture positions that are vacant because US citizens are not capable of doing them or don’t want to do them. The visa program is helpful for those agricultural employers in the US who are facing a shortage of domestic workers.

Although the US has not applied a visa cap on H-2A visa program, the US Department of Labor Wage and Hour Division keeps a close eye on employers filing for H-2A to make sure that the seasonal agriculture workers from other nations are treated in the right way.

H-2A workers are paid the same wage-per-hour what American workers are offered. Plus, it is the employers’ responsibility to provide free housing to the hired H-2A workers.

H-2A Visa Requirements

The seasonal visa program is not self-petitioned, and employers become petitioners and file for the visa on the behalf of their workers. The employers should:

  • Offer and announce agricultural jobs that are temporary or seasonal.
  • Prove that they did not find suitable workers in the US, or US citizens were not interested in doing the seasonal work.
  • Demonstrate that H-2A workers from foreign nations will be treated the same way US workers are treated. In addition, the employers must also show that they will provide the hired employees same wages as US workers are getting for similar jobs.
  • File for H-2A visa with a labor certification from the US Department of Labor (DOL) for temporary work.

H-2A visa is a multiple-step process that starts by submitting the application to DOL. After that, the employers have to provide the United States Citizenship and Immigration Services (USCIS) with Form I-129. Then, interested workers in foreign nations can apply for the visa.

Get In Touch With Experienced Immigration Attorney

In addition to paperwork, there are certain requirements that petitioners must meet while applying for a H-2A visa. Hiring a H-2A visa lawyer can assist you in following all the USCIS regulations. We have an experienced immigration law team who can provide you with the guidance to fill the visa application and other necessary paperwork in the proper/required manner and eliminate possible errors.