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H2a visa requirements H-2A employers must provide housing at no cost to H-2A workers and to those workers in corresponding employment who are not reasonably able to return to their residence within the same day. The Department’s OFLC within the Employment and Training Administration is Guide to Housing, Wage, Transportation, and Food Requirements for H-2A Visas Agricultural business owners seeking seasonal or temporary employees often turn to H-2A workers to fill their needs. This fact sheet provides general information on H-2A employers’ recruiting requirements for prospective workers under the H-2A visa program. See full list on dol. Then create your personalized H-2A visa checklist through our interactive tool. to perform agricultural labor or services of a temporary or seasonal nature. The employer looking for employees outside the United States must: Apply for a certification from the United States Department of Labor (DOL) confirming that: There are not enough U. employer, an agricultural association acting as a joint employer, or a U. In general, anyone seeking such a classification must have either a U. employer (who will be your H2A visa petitioner) and the specific job they are offering. S. By seasonal, this means that the work is within a specified period of time or event. employers or agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. 6 days ago · The H-2B program allows U. employers to hire foreign nationals for temporary agricultural work. Non-agricultural workers with the H2B visa. agent, obtain a temporary labor certification and file Form I-129 The H-2A temporary agricultural visa is a nonimmigrant visa which allows foreign nationals to enter into the U. port of entry, if a worker does not require a visa in cases where an H-2A visa is not required. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. to perform agricultural labor or services of a temporary or seasonal nature when the employer demonstrates that there are not Information for Petitioners (U. The H2 visa is a temporary seasonal work visa designed for two types of workers: Agricultural workers with the H2A visa. employers) H-2 visas are petition-based visas, meaning that a U. Applicants can work temporary jobs in agriculture, construction, forestry, and many other kinds of industries. The H-2A program looks like a win-win for both workers and employers — and it certainly can be. 134, Emergency Situations. This program supports Apr 10, 2024 · Typically, H2A visa beneficiaries are 18 years or older, but the minimum age requirement will depend on the type of job you are applying for and any applicable restrictions under state or labor laws. Once certified, you can request H-2A classification for multiple workers by filing a Form I-129, Petition for a Nonimmigrant Worker with USCIS. Jul 25, 2023 · Before filing a petition with USCIS, you must first obtain a valid temporary labor certification for H-2A workers from the U. Note: The temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant H-2A Program Overview The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U. Get a checklist of requirements, fees, and forms needed to apply. workers needed to perform agricultural labor or services of a temporary or seasonal nature Homeland Security’s U. However, because there are many steps to go through in order to receive this sort of visa, and because of the rules employers must follow once their workers are in the country, it can be beneficial to hire the legal team at Farmer Law to Basic Provisions/Requirements. 1. 4. 3. Find out the requirements, protections, and procedures for employers and workers. A U. For Farmers For Jobseekers Working Conditions and Rights For 3 days ago · The H-2A Visa Program allows U. interest to grant the alien H-2A or H-2B status. Introduction The Immigration and Nationality Act (INA) authorizes the lawful admission of temporary, nonimmigrant workers (H-2A workers) to perform agricultural This fact sheet provides general information on required wages for workers employed under the H-2A visa program. Information for H-2 visa applicants H-2A workers are non-U. By temporary, it means that the work does not take more than […] Information about other H-2A requirements can be found in Fact Sheets #26, #26A, #26B, #26C, #26D, #26E, #26F and #26G. employer must obtain a temporary labor certification from the U. citizens who satisfy the regulatory requirements and who are qualified to perform the necessary duties. 9, Enforcement of Surety Bond. What is the H-2A Visa Program? The H-2A visa program permits U. But if you are hiring workers with H-2A visas for the first time, or even if you are an old hand, it’s worth knowing the very real risks associated with the H-2A program — in particular, the risk of human trafficking. This fact sheet provides general information concerning the application of the H-2A requirements to the agricultural industry for H-2A applications submitted on or after March 15, 2010. 133, Requirements for Agents. 7. There are several requirements of the employer in regard to this visa. employer, or U. agent as described in the regulations, must file Form I-129, Petition for a Nonimmigrant Worker , on a prospective An H-2A visa allows a foreign national worker into the United States for temporary agricultural work. When considering the benefits of an H2A visa, one significant advantage is the opportunity it provides for foreign agricultural workers to legally work in the United States. interest will take into H-2A visas are extremely beneficial to companies and seasonal agriculture operations who rely upon an influx of workers during critical parts of the year. Sep 18, 2023 · Under the proposed regulations, employers who violate H-2B program requirements, including employers who fail to demonstrate an ability and intent to follow the program requirements, may be ineligible for the limited number of available visas. Citizenship and Immigration Services (USCIS) can approve a visa p. Oct 12, 2022 · 2. Requirements to Apply for an H2A and H2B Visa. workers who are able, willing, qualified and The H-2 visa program makes it possible. An agricultural employer who anticipates a shortage of U. ETA Housing Safety and Health Checklist. gov Build a timeline around your H-2A hiring needs by answering a few short questions. 132, H-2A Labor Contractor Filing Requirements; and 29 CFR 501. The H-2A visa is for temporary agricultural jobs, while the H-2B visa is for temporary non-agricultural jobs. Learn how to apply for H-2A visas to hire foreign workers for agricultural jobs in the U. The following general categories of individuals or organizations may import foreign workers under the H2A visa: a. etition for H‐2A workers, the employer must first receive a temporary labor certification from the Department. workers who are able, willing, qualified, and available to do the temporary work. 6. . The H-2A program allows U. However, the program does require that the employer provide the visa holder with housing, transportation, food, and specific wages. Employment is of a seasonal nature where it is tied to a certain time of year by an event or pattern, such as a Nov 18, 2024 · The Department of Homeland Security (DHS), in consultation with the Department of State (State), has announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs for the next 12 months. The Immigration and Nationality Act (INA) authorizes the lawful admission of temporary, nonimmigrant workers (H-2A workers) into the U. to perform agricultural labor or May 21, 2024 · By being proactive, thorough, and attentive to detail, you can increase your chances of a successful H2A visa application experience. This Housing Safety and Health Checklist may be used as an aid by agricultural employers, farm labor contractors, and others providing housing subject to requirements under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) or the H-2A visa program. Section 655. 135, Assurances and Obligations of H-2A Employers. Most of the H2A visa requirements related to your U. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U. The employment must be of a temporary or seasonal nature, and the petitioner must show that there are not enough U. The process involves applying through the Department of Labor and U. Introduction. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. Determination of such a U. Additional Requirements for Beneficiaries from “Non-List” Countries (Cont’d) In order for USCIS to consider approval of a beneficiary from a non-list country, the petitioner must submit evidence to establish that it is in the U. Housing Obligations. Citizenship and Immigration Services (USCIS) before scheduling a visa appointment for their workers with the Department of State. Learn about the basic steps for hiring new workers through the H-2A visa program and for extending the employment contract for current H-2A workers. This program is essential for addressing labor shortages in the agricultural sector. 5. Citizenship and Immigration Services, ensuring legal compliance, and offering fair wages. 131, Agricultural Association and Joint Employer Filing Requirements. Department of Labor (DOL). 6 days ago · Directly seek admission to the United States in H-2A classification with CBP at a U. Department of Labor, and receive a Notice of Approval (I-797) of the petition from U. Benefits of an H2A Visa. employers or U. Employers must prove no American workers are available and provide housing, meals, and transportation. bbqgffqfobepxhawyucwynaspvyldchpazxindhobzlvoxzlkhoi