Temporary agricultural workers: H-2A visa

Overview

What is the H-2A visa?

The H-2A visa is a non-immigrant visa program that allows temporary, or seasonal non-professional workers to seek employment in the United States for temporary agricultural work.

There are no specific eligibility criteria to qualify for the H2A visa. Usually, H2A visa holders are 18 years or older, but the minimum age requirement to acquire this visa will depend on your U.S. employer (who will be your H2A visa petitioner) the specific job they are offering, he type of job you are applying for and the applicable restrictions under state or labor laws in the territory.

This visa allows its holders to remain in the U.S. for up to the period of time authorized on their temporary labor certification. However, the H-2A classification may be extended for qualifying employment in increments of up to 1 year, but the maximum period of stay that an H-2A visa holder may stay in the U.S. is 3 years. An individual who has held an H-2A nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant again.

H-2A visa processing time

It typically takes a period of time of about 90 days from start to finish to complete the process of this visa. However, it is important to clarify that the H2A visa processing time can vary depending on certain case-specific factors, such as:

• The country the foreign worker belongs to
• The current workload of the USCIS and the NVC
• Unforeseen events like natural disasters
• The accuracy and completeness of the petition that you have submitted

After our Legal Consultation I will be able to give you a more specific idea on how long should this Visa process be for your specific case, based on your particular circumstances.

Requirements

Legal requirements

To qualify for H-2A nonimmigrant classification, the petitioner must establish that:

• The job being offered must be seasonal or temporary in nature
• The petitioner will have to demonstrate there aren’t enough U.S. workers able, willing, available, or qualified to do the temporary work
• The petitioner must also show the fact that they will employ you as an H2A worker will not adversely affect the working conditions or wages of similarly employed U.S. workers

Required documents

For this particular visa, the documentation and the manner and promptness in which they are provided to the Immigration Authorities marks the difference between a successful application and an unsuccessful one. To provide you with initial guidance, you should at least know that workers who will be sourced from outside the US need to visit the US embassy in their respective country and submit these documents, which are essential for you to be able to present a successful H-2A Visa application:

• Form DS-160
• Forms I-129 and I-797 to show USCIS approval
• Your passport
• Passport-size photograph
• Documents which prove that you intend to return to your home country after your visa expires such as a deed of a property, a lease of an apartment, or letter from an employer who states that they will hire you when you return
• A single valid temporary labor certification from the U.S Department of Labor (DOL)

What's included

My services include:

• At Sabalier Law, you count with expert legal representation and guidance throughout your entire visa application process
• Expert legal preparation and expedited submission of your petitions
• Legal review of your application, to ensure that it is filled out completely and accurately
• Legal guidance in case there are there are any requests for evidence of your circumstances for clarification purposes
• Legal advocacy and representation in case an issue arises throughout your application process
• Constant updates on the status of your case
• Timely notification of changes in immigration laws and procedures that are relevant for you and your case
• Expert and attentive legal support and representation throughout your visa application process from the moment you hire me until the moment of safely arrival in the United States. My work is not done until you have no more legal worries in mind
• And the best part is that at Sabalier Law, all legal services are offered online, using the latest in secure technology to ensure your safety and your comfort, so that you can get the legal representation, information, and communication you need every step of the way throughout your immigration process regardless of where you are located in the world