H2-A visa

H-2A Temporary Agricultural Workers

An H-2A certification allows United States employers who meet specific requirements to obtain and bring in foreign nationals to the United States to fill temporary agricultural jobs. The United States employer who wishes to bring in foreign workers must file Form I-129, Petition for Nonimmigrant Worker, on the potential worker’s behalf.

To qualify for H-2A status, the United States employer must:

  • 1) offer a job that is temporary, or seasonal in nature,
  • 2) prove that there are insufficient United States workers who are able, willing, qualified, and available to do the temporary agricultural work,
  • 3) show that the employment of foreign workers will not adversely affect the wages and working conditions of similarly employed United States workers,
  • 4) more often than not, submit a single, valid and temporary labor certification from the United States Department of Labor.

The process for the H-2A program includes 3 steps. The steps include:

  • 1) petitioner submits temporary labor certification application to the United States Department of Labor.
  • 2) Petitioner submits Form I-129 to USCIS.
  • 3) Prospective workers outside of the United States apply for the visa and/or admission in to the United States.

 

For more information regarding H2-A Visas, and the process of obtaining a H2-A Visa, please contact the Law Office of Jeffery Bennett via phone: 816-759-2776 (English), 816-759-2777 (Spanish); or via email: jyb@jybennettlaw.com.