H-2A Visa Lawyer

What is the H-2A Visa Program?

The H-2A visa program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs.

To qualify, employers must show that:

• There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
• Employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
• The need for workers is truly temporary, such as a seasonal or one-time occurrence.

H-2A workers can stay in the U.S. for up to one year, with extensions possible for up to three years.

H-2A Visa Application Process

Step 1: Submit Temporary Labor Certification Application

The employer must first submit an application for a temporary labor certification to the Department of Labor (DOL). This certification verifies that there are not enough U.S. workers available for the job and that hiring foreign workers will not negatively impact the wages and conditions of U.S. workers in similar positions.

Step 2: File Form I-129 with USCIS

After receiving the temporary labor certification, the employer files Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). The approved labor certification must be included as part of the evidence submitted with Form I-129.

Step 3: Workers Apply for Visa and Admission

Once USCIS approves Form I-129, workers who are outside the U.S. must either:

• Apply for an H-2A visa at a U.S. embassy or consulate in their home country, then seek admission to the U.S. at a port of entry, or
• If they do not require a visa, seek admission directly at a U.S. port of entry with U.S. Customs and Border Protection (CBP).

H-2A Visa Requirements and Documentation

To qualify for H-2A visas, your workers must:

• Be nationals of a country designated by the Department of Homeland Security as eligible for H-2A participation.
• Have a job offer from a qualifying U.S. employer for temporary or seasonal agricultural work.
• Meet the minimum education, training, experience, and other requirements for the job, if any.
• Intend to return home after their authorized stay.

As the employer, you must provide:

• Evidence of your temporary or seasonal need for agricultural workers.
• Proof of your efforts to recruit U.S. workers, such as job order placement with the State Workforce Agency.
• A valid temporary labor certification from the DOL.
• Evidence of your ability to pay the offered wage.
• Copies of your workers’ passport biographic pages and other supporting documents.

How Our H-2A Visa Lawyers Can Help

Navigating the H-2A visa process can be challenging, but our experienced attorneys are here to help you every step of the way:

• Assessing Eligibility: We’ll evaluate your need for temporary agricultural workers and determine if the H-2A program is right for you.
• Prevailing Wage Determination: We’ll help you obtain the required prevailing wage determination from the DOL.
• Temporary Labor Certification: We’ll guide you through the temporary labor certification process, including recruitment requirements and preparing ETA Form 9142A.
• I-129 Petition: We’ll prepare and file your I-129 petition with USCIS, ensuring that all required evidence and documentation is included.
• Consular Processing: We’ll assist your workers with preparing their visa applications and supporting documents for consular processing.
• Compliance: We’ll advise you on all applicable H-2A program requirements, such as wage obligations, housing, transportation, and recordkeeping, to help you stay compliant and avoid penalties.

Get Started with our H-2A Visa Attorneys Today

If you’re ready to explore how the H-2A visa program can help meet your temporary agricultural labor needs, contact our office today to schedule a consultation. Our knowledgeable H-2A visa lawyers will take the time to understand your unique situation and develop a tailored strategy to help you succeed.

With our guidance and support, you can navigate the H-2A visa process with confidence and secure the workers you need to keep your farm or business thriving.

Frequently Asked Questions