Temporary Agricultural Workers: H-2A Visa

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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.

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