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H-2A VISAS FOR TEMPORARY AGRICULTRUAL WORKERS

What is an H-2A Visa?

H-2A visas provide United States employers the ability to bring Foreign Workers to the United States to be employed in temporary agricultural jobs.

Employment's Qualification

        The employer must prove the following:

  •  That the job is agricultural in nature, meaning that the Foreign Worker will partake in such labor as the planting, raising, cultivating, harvesting, or production of any agricultural or horticultural commodity;

  •  That the position is temporary, peak season, or seasonal in nature;

  •  That there are not enough U.S. Workers who are able, qualified, available, or willing to partake in the temporary    work;

  •  That employing H-2A workers will not adversely affect the wages and working conditions of similarly employed United States employees; and (5) that the employer is appropriately certified by the United States Department of Labor with a temporary Labor Certification.

Foreign Worker's Qualifications

Prospective Foreign Workers must be nationals of certain eligible countries. Prospective Foreign Workers must apply for H-2A visas and seek admission from U.S. Customs and Border Protection at a U.S. Port of Entry. Prospective Foreign Workers may be denied admission if they are inadmissible under United States immigration laws. Prospective Foreign Workers who are inadmissible may be able to seek and receive a temporary waiver to obtain admission to the United States.

Period of Admission 

Generally, H-2A workers will be allowed to stay in the United States for up to 1 year. However, most H-2A workers are allowed to stay in the United States for the period specified in the Labor Certification. H-2A visas may be extended for a maximum total period of 3 years.

Family of H-2A Visa Recipients

The spouse and unmarried minor children of a H-2A Visa Recipient are entitled to a H-4 Visa. H-4 Visas are subject to the same period of admission and limitations as provided in the principle H-2A Visa. Neither the spouse nor a child of the alien beneficiary may accept employment unless he or she has been granted employment authorization in the United States.

Visa Process

The H-2A Visa process is lengthy, very time consuming and requires specific knowledge and experience. If an H-2A Visa is not the appropriate route for a Foreign Worker, there may be other options. Consulting with an experienced H-2A Visa Attorney at Liberty Johnson will make the H-2A Visa Process easier and less time consuming for the U.S. Employer and the Foreign Worker. Since the H-2A Visa process is lengthy in nature, Please contact Liberty Johnson promptly after learning of the potential need for a H-2A Visas.

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