1. What is an H-2A visa?

An H-2A visa is a type of visa for temporary agricultural workers in the United States. The H-2A visa is issued to foreign nationals who wish to enter the United States to perform agricultural labor or services of a temporary or seasonal nature. The H-2A visa allows agricultural employers to hire foreign nationals to fill seasonal labor shortages.

2. What requirements must be met to qualify for an H-2A visa?

To qualify for an H-2A visa, applicants must:
1. Have a job offer from a U.S. employer for temporary or seasonal agricultural work.
2. Have a valid passport.
3. Meet the job requirements for the position they are applying for.
4. Demonstrate that they are qualified to perform the work, including meeting any applicable state or local licensing requirements.
5. Meet the H-2A visa eligibility criteria established by U.S. Citizenship and Immigration Services (USCIS). This includes showing that the job is temporary or seasonal, and that there are not enough US workers willing or able to do the job.
6. Demonstrate that their employment will not adversely affect the wages and working conditions of similarly employed US workers.
7. Not have any prior immigration violations or criminal convictions that would disqualify them for the visa.

3. How long can a person stay in the U.S. with an H-2A visa?

A person can stay in the U.S. with an H-2A visa for up to three years, with the possibility of extending for another three years.

4. What is the application process for an H-2A visa?

The application process for an H-2A visa includes a number of steps. First, the employer must identify potential workers and submit an H-2A job order to the Department of Labor. The employer must also complete DOL Form ETA-790 and submit documents that demonstrate the employer’s ability to comply with applicable labor standards. Second, the employer must file an H-2A petition with U.S. Citizenship and Immigration Services (USCIS) and pay the applicable government filing fees. Third, after USCIS approves the petition, foreign workers must apply for H-2A visas at a U.S. embassy or consulate abroad. Finally, foreign workers must present their H-2A visas to Customs and Border Protection officers at the port of entry in order to enter the United States in H-2A status.

5. What documents are required to apply for an H-2A visa?

To apply for an H-2A visa, the applicant must submit a valid passport, Form I-129 Petition for a Nonimmigrant Worker, Form I-140 Immigrant Petition for Alien Worker, a completed and signed Form I-9, three passport photographs, evidence to show that the applicant is capable of performing the job duties required by the position, a copy of an approved labor certification from the United States Department of Labor, and proof of the employer’s ability to pay the wages stated in the labor certification.

6. How much does it cost to apply for an H-2A visa?

The cost to apply for an H-2A visa varies depending on the individual case and the total number of visas requested. The cost includes the filing fee, application fee, biometrics fee, and premium processing fee if applicable. Generally, the filing fee for the H-2A petition is $460, and the biometrics fee is $85 per person. The application and premium processing fees have to be paid directly to the U.S. Department of State by each prospective employee.

7. What are the restrictions of the H-2A visa?

The restrictions of the H-2A visa include that the worker must be admitted to the United States for a specific temporary period of employment, the employer must file a labor certification application and demonstrate that there are not sufficient U.S. workers available to perform the labor or services involved, and the employer must provide housing and transportation for the worker. Additionally, the foreign worker must meet certain qualifications for the job, be able to perform the job duties, and may not displace U.S. workers.

8. What rights do temporary agricultural workers on a H-2A visa have?

Temporary agricultural workers on an H-2A visa have the right to fair wages, safe and humane working conditions, and housing that meets safety and health standards. These workers are also protected from discrimination based on race, sex, or national origin. They should also be provided with information about their rights and responsibilities under the H-2A program. Additionally, they should receive appropriate medical care and be allowed to practice their religion freely.

9. Who can sponsor an H-2A visa holder?

H-2A visa holders must be sponsored by their employer, who must file a petition with U.S. Citizenship and Immigration Services (USCIS).

10. Can I bring my family with me to the U.S. on an H-2A visa?

No, the H-2A visa is a temporary, nonimmigrant visa and is only for individuals who will be performing agricultural labor or services in the United States. Family members such as spouses and children cannot be included in the petition.

11. Are there any restrictions on the type of work I can do with an H-2A visa?

Yes, there are restrictions on the type of work you can do with an H-2A visa. Generally, an H-2A visa is only available for agricultural or seasonal work. This includes activities such as harvesting crops, raising livestock, and other agricultural labor.

12. Are there any restrictions on movement while I am in the U.S. on an H-2A visa?

Yes. While in the U.S. on an H-2A visa, you are generally restricted to the U.S. and the specific job or activity listed on your visa. You are not allowed to travel outside of the U.S. without prior authorization from USCIS, and your employer should inform you of any restrictions of movement that may apply to you while in the U.S. Additionally, you must depart the U.S. at the end of your authorized period of stay and must not remain in the U.S. beyond this period.

13. Can I change employers while in the U.S. with an H-2A visa?

No, you cannot change employers while in the U.S. with an H-2A visa. If you wish to change employers, you must leave the U.S., apply for a new H-2A visa, and be admitted into the U.S. with the new visa.

14. Can I change my status from an H-2A visa to another type of visa while in the U.S.?

Yes, you can change your status from an H-2A visa to another type of visa while in the U.S. However, you must first file Form I-539, Application to Extend/Change Nonimmigrant Status, and pay the associated fee. If approved, you will be able to change your status to another type of visa.

15. Can I extend my stay in the U.S. with an H-2A visa?

No, an H-2A visa is only valid for the duration of the employment contract and cannot be extended beyond that.

16. Are there any taxes that I need to pay while I am working with an H-2A visa?

Yes, you will be responsible for paying federal, state, and local taxes as applicable. Additionally, your employer may be responsible for paying Social Security and Medicare taxes.

17. Can I apply for a green card while in the U.S. with an H-2A visa?

No, you cannot apply for a green card while in the U.S. with an H-2A visa. The H-2A visa is a temporary visa and does not provide a path to permanent residency. You must obtain an immigrant visa from your home country before you can apply for a green card in the U.S.

18. Can I apply for citizenship while in the U.S. with an H-2A visa?

No, individuals with an H-2A visa are not eligible to apply for citizenship while in the United States. Those who are in the United States on a valid H-2A visa cannot adjust their status to permanent resident. The only way for someone with an H-2A visa to apply for citizenship is to first obtain a green card and then apply for naturalization.

19. What are the consequences if I violate the conditions of my H-2A visa while in the U.S.?

If you violate the conditions of your H-2A visa while in the U.S., you may be subject to removal proceedings. Additionally, you may be barred from re-entering the U.S. for up to three years or 10 years, depending on the nature of the violation.

20. Where can I get more information about applying for and maintaining an H-2A visa?

You can get more information about applying for and maintaining an H-2A visa from the U.S. Department of Labor website and the U.S. Citizenship and Immigration Services website. You can also contact a qualified immigration attorney or an accredited representative for assistance.