H-2A is a Resource for Temporary Agricultural Workers
The H2A visa is a nonimmigrant visa designed for U.S. employers to bring foreign workers to the U.S. to fill temporary or seasonal agricultural jobs when domestic labor is insufficient to meet the needs of the employer. The range of work for the H2A visa could be cultivating, planting, harvesting corps, or activities related to livestock care. The H2A visa program benefits U.S. employers who cannot find qualified U.S. workers.
To file an application for the H2A visa, U.S. employers must demonstrate a shortage of domestic workers and obtain a temporary labor certificate from the U.S. Department of Labor (DOL). DOL determines the prevailing wage based on local standards. Employers are required to provide wages at least equal to those determinations by DOL. Since the H2A visa is only for temporary or seasonal needs, the foreign employees who apply for the H2A visa must show their intention to return to their home country once the H2A employment ends.
Once the H2A visa expires, the visa holders may want to seek other ways to remain in the U.S. Although the H2A visa is temporary, there are several options for extending the stay. For the extension of the H2A visa, the employer needs to file a new labor certificate and visa petition. Additionally, if the H2A visa holders want to consider other visa categories, they could explore some other visa options that match their qualifications and intentions, such as H1B visa, F-1 student visa, or family-based options.
Understanding the H2A visa application process, eligibility criteria and key considerations is essential to both U.S. employers and foreign workers in navigating U.S. immigration regulations.
If you would like to apply for the H2A visa or you are in need of more information about your immigration case, you may want to cult an immigration attorney. The attorneys at Tanner Law Offices can assist you with your case process or provide additional information. Please contact our office at (717) 731-8114 to schedule a consultation to discuss your case.