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Feb 06

What is H2A Visa?

The H2A visa is one option employers can use to bring in foreign nationals to cover temporary agricultural positions. The employer needs to make out an application on the behalf of the employee with form I-129. The employer also has to be able to verify that the role is seasonal or temporary in essence to secure an H2A visa. The argument that there aren’t enough qualified American citizens that are willing and able to work has to be made as well.

If employing foreign nationals negatively affected the working conditions or wages of Americans, then the visa will likely not be approved. Person applying must also be in ownership of a U.S. Department of Labor certificate of temporary labor.

What Limitations are on H2A Visas?
H2A visas are restricted to nationals from 68 accepted countries that are allowed issuance. The individual has the option of remaining in the U.S. to work using the temporary visa for the commissioned amount of time in the certificate of temporary labor given to the employer. This varies from one employer to the next.

If the demand for an H2A employment agency is more than expected, the employer can petition for a continuation for the employees using the H2A plan. Each request is good for a year and the most that an employee can stay under this rule is three years.

To apply for H2A status again after this the person would need to move out of the U.S. for a period of 3 consecutive months before they could come back to work in the US. Sufficient housing is supposed to be taken care of by the employer including transportation to and from the home country of the employees.

H2A beneficiaries aren’t citizens and they aren’t immigrants. There isn’t a path they can take to obtain a green card through the H2A visa route. It’s required that recipients work throughout their stay. If at any reason their employment ends, the visa lapses.

It isn’t just smart to discuss this with a qualified immigration lawyer who’s acquainted with the intricacies of immigration law before completing an application, it’s also obligatory.

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