H-2A Visa
The H-2A visa is given for all foreign workers who work temporarily in agriculture jobs. U.S employers who have farms, farming companies are allowed to hire these employees from foreign countries. These employees will help the employers with agricultural related jobs for a specified period of time.
The H-2A visa is given for all foreign workers who work temporarily in agriculture jobs. U.S employers who have farms, farming companies are allowed to hire these employees from foreign countries. These employees will help the employers with agricultural related jobs for a specified period of time.
There are not restrictions on how many people can be employed in this job hence anyone who applies for the visa and gets approved can come into the U.S to work.
U.S employer should prove that the job offered should be temporary and seasonal agricultural work. Prove that U.S workers are not willing or available to work in those positions. Show that by hiring foreign workers they will not negatively affect work conditions of U.S employees.
The employer need to have necessary documents and petition approvals and need to hire an employee from a country which is determined by Department of Homeland Security (DHS).
The applicant who wishes to look for job in US in a agricultural field can apply for
H-2A visa once a job offer has been made for temporary agricultural work.
The applicant should prove via financially and emotional stability that they intend to return to their home country after the visa expires.
Employer’s petitioning for H-2A Visa
Employers who want to hire foreign workers for temporary and seasonal agricultural work have to get temporary certification from the Department of Labor (DOL)
All US employers who want to hire temporary worker need to obtain temporary labor certification from the department of labor .employer need to fill and prepare these documents:
Form ETA-790 – Agricultural and Food Processing Clearance Order (job offer)
Form ETA-9142A – Foreign Labor Certification
By filling these forms DOL can verify the reasons that the U.S employer wants to hire foreign employees. This also indicates that the US employer was unable to find workers from the U.S who could do the work and that the workers will not affect the wages of U.S employees.
The documents are verified and a decision will be communicated to the employer and he can start the petition.
1.Submit petition to USCIS
File the petition to USCIS by filling
Form I-129 petitions should be submitted for each employee and they cannot be transferred to other employees.
USCIS validates all documents submitted and if approves the petition, they will issue Form I-797 to the employer. Form I-797 has the dates for when the employer can hire and when the work must end.