an overview of the h-2a visa program to source seasonal agricultural employees
The H-2A Visa Program allows agricultural employers who can’t find local help to hire non-immigrant farm workers worldwide for temporary agricultural jobs. In other words, if you can’t find farm workers in your area, you may qualify to use the H-2A Program to hire workers worldwide.
USA FARM LABOR HELPS YOU Throughout the process. Here are some frequently asked questions about the H-2a Program:
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What are the Requirements For Employers?
Employers seeking to hire temporary or seasonal workers must ensure that the jobs last no more than one year. Before employing foreign workers, they must first attempt to recruit U.S. workers by advertising locally and reaching out to former employees. Additionally, employers must obtain labor certification from the U.S. Department of Labor (DOL), which confirms the necessity of hiring foreign workers.
What Are the Requirements For H-2A Employees?
Foreign nationals hired for temporary agricultural work must apply for the appropriate visa through a U.S. consulate or embassy in their home country to ensure acceptance into the Visa program.
What rules or regulations protect the H-2A Employee?
Employers must pay the prevailing wage rate and provide free, safe, sanitary housing. Additionally, they must cover transportation costs from the worker's home country and return transportation at the end of the contract. Employers must also guarantee at least three-quarters of the total hours stated in the contract.
How Long is an H-2A Visa?
An H-2A visa is typically valid for the duration of the temporary agricultural job, which can last up to one year. Extensions may be granted in increments of up to one year each, with a maximum stay of three years. After reaching the three-year limit, the worker must leave the United States for at least three months before being eligible to reapply for an H-2A visa.
What does the standard H-2A Application Process look like?
The H-2A application process starts with employers determining eligibility for temporary or seasonal agricultural work. Employers must try to recruit U.S. workers locally and file a job order with the State Workforce Agency. After submitting Form ETA-9142A to the Department of Labor and receiving labor certification, they file Form I-129 with USCIS. Upon approval, foreign workers apply for an H-2A visa at a U.S. consulate or embassy in their home country. Finally, employers must comply with program requirements, including providing free housing, covering transportation costs, and paying the prevailing wage.
Who enforces Compliance?
The DOL conducts inspections to ensure compliance with standards.