Agricultural Worker Visa

Requirements, Benefits, Limitations and Forms

The H-2A visa allows migrant workers to enter the United States in order to perform temporary or seasonal agricultural work. The H-2A visa holder must have a valid job offer from a U.S. employer for temporary agricultural work. The agricultural employer bears the responsibility of proving that there are no eligible U.S. workers available to fill the job.

Benefits of the H-2A Visa

• Workers employed under this visa are covered under U.S. wage laws, workers’ compensation and other standards of employment.
• Dependents of the H-2A visa holder are also allowed to enter and stay in the U.S.
• H-2A visa holders are able to travel in and out of the U.S. unrestricted for the duration of their visa.
• The wage rate must be as high as that given to a U.S. worker.
• The employer must provide free housing for workers that are unable to return to their homes at the end of the workday.
• The visa holder may apply for an extension of stay.
• The employer may apply for a renewal of their certification.
• Dependents may study in the U.S.

Limitations

• The employer must file an application requesting the hiring of temporary foreign agricultural workers.
• Employers must allow at least 45 days for the certification to be processed.
• Employers must also file a petition with the Department of Labor stating that they cannot find sufficient U.S. labor.
• Employment must be temporary or seasonal, not to exceed one year.
• Employers bear the responsibility of demonstrating the necessity for foreign workers.
• Dependents of the H-2A visa holder are not permitted to work in the U.S.

Requirements

• The agricultural employer must anticipate a shortage of eligible U.S. workers available to perform the temporary or seasonal job in order to bring in to the U.S. a non-immigrant foreign worker.
• The agricultural employer must be able to show an active effort in recruiting eligible U.S. workers.
• The H-2A visa applicant must have a valid job offer from a U.S. employer for seasonal agricultural work.
• The H-2A visa applicant must be able to prove their intent to return home to their country of origin.

Documentation Required

• Form ETA-750A, Application for Alien Labor Certification to be filed by the employer with the Department of Labor
• Form ETA-790, Agricultural and Food Processing Clearance Order to be filed by the employer with the Department of Labor
• Form I-129, Petition for Non-immigrant Worker to be filed by the employer
• Form DS-156, Non-immigrant Visa Application

Understanding your rights and obligations under the law is crucial, especially considering the significant consequences of the outcome of your H-2A visa application. If you are ready to begin the application process or have questions, then contact us today to schedule a call or a meeting. We are more than happy to call you wherever you are in the world at no cost to you.