H-2A Visas

The H-2A temporary agricultural program is designed for agricultural employers who anticipate a shortage of domestic workers and therefore seek to bring nonimmigrant aliens to the United States to perform agricultural labor or services of a temporary or seasonal nature.

Labor Certification Required

Before the BCIS can approve an employer's petition for such workers, the employer must file an application with the Department of Labor stating that there are not sufficient workers who are able, willing, qualified, and available, and that the employment of aliens will not adversely affect the wages and working conditions of similarly employed United States workers.

According to the Department of Labor, "temporary or seasonal nature" means employment performed at certain seasons of the year, usually in relation to the production and/or harvesting of a crop, or for a limited time period of less than one year when an employer can show that the need for the foreign workers(s) is truly temporary.

According to the Department of Labor, the following are examples of individuals or organizations that may file an Application for Labor Certification in the H-2A category:

An agricultural employer who anticipates a shortage of U.S. workers needed to perform agricultural labor or services of a temporary or seasonal nature, may file an application requesting temporary foreign agricultural labor certification. "Temporary or seasonal nature" means employment performed at certain seasons of the year, usually in relation to the production and/or harvesting of a crop, or for a limited time period of less than one year when an employer can show that the need for the foreign worker(s) is truly temporary.

The employer may be an individual proprietorship, a partnership or a corporation. An association of agricultural producers may file as a sole employer, a joint employer with its members, or as an agent of its members.

An authorized agent, whether an individual (e.g., and attorney) or an entity (e.g., an association), may file an application on behalf of an employer. Associations may file master applications on behalf of their members.

Employer Nonimmigrant Worker Petition to BCIS

After receiving Labor Certification Approval, the employer files a Nonimmigrant Worker Petition with the BCIS. Once approved, the BCIS will notify the consulate in the employee's home country and the employee will be called to the Consulate to retrieve the Visa. The Visa, by itself, does not guarantee entry to the United States. The employee will still have to apply for entry at a port of entry.

 

Forum Home | Primary Immigration Information | Nonimmigrant Visas | Immigrant Visas | Articles | Links | Visa Job Center | Levine & Associates

The information you obtain from this site is not, nor is it intended to be legal advise. You should consult an attorney for individual advise regarding your situation. Please read our disclaimer.

Copyright © Jonathan R. Micale, Esq., 2003

 

  Search
  Contact Us

(703) 524-8500

or email:
Jonathan R. Micale, Esq.

 Temporary Worker Visas

Temporary Worker Visas
H-1B Specialty Worker Visas
H-2B Skilled or Unskilled Worker Visas
Intracompany Transfer Visas
Labor Certification

 Nonimmigrant Visas

Business Visitor and Tourist Visas
Athletic and Entertainment Visas
Fiance and Spouse Visas
Student Visas
Temporary Worker Visas
Training Visas
Intracompany Transfer Visas
NAFTA Visas

 Primary Immigration Information

Nonimmigrant Visas
Temporary Worker Authorized Stay and Extensions Available
More Primary Immigration Information

 Site Main Navigation
Levine & Associates

Levine & Associates Home
About Us
Attorneys
References

F.A.Q.

Contact Us

US Immigration Forum

US Immigration Forum Home

Primary Immigration Information

BCIS Filing Fees
Nonimmigrant Visas
Green Card Processing Times
Labor Certification Processing Times
More Primary Immigration Information

Immigration Benefits

Articles and Links

Articles
Links

Visa Job Center

Job Links

 
 Visa Job Center

Check out the new job placement opportunities necessary for you to obtain your next work visa.

Show me the Job Vaccancies now!

  Quick Index

Green Card Processing Times

Labor Certification Processing Times

Nonimmigrant Visa Categories

BCIS Filing Fees

Temporary Worker Authorized Stay

Employment Authorization Categories

Immigration Court Decisions

United States Embassies and Consulates