1. What is a U.S. work visa?

A U.S. work visa is a document issued by the United States Department of State that allows an individual to legally work in the United States. It is typically issued to foreign nationals who wish to live and work in the United States temporarily or permanently. Depending on the individual’s skills or job requirements, different types of visas may be available.

2. Do I need a U.S. work visa to start a job in the U.S.?

Yes, in most cases you need the appropriate work visa before you can begin working in the United States. Depending on your country of origin and the type of work you plan to do, there are different types of work visas that you may need. Visit the U.S. Citizenship and Immigration Services (USCIS) website for more information.

3. How do I apply for a U.S. work visa?

In order to apply for a U.S. work visa, you must first determine what type of visa you need. The most common types are H-1B visas for specialty occupations, H-2B visas for seasonal non-agricultural workers, L-1 visas for intra-company transferees, and O-1 visas for individuals with extraordinary ability or achievement.

Once you have identified the correct visa category for your needs, you must submit a petition to the United States Citizenship and Immigration Services (USCIS). The petition must include proof of your qualifications and other required documents. After the USCIS approves your petition, you may then apply for a visa at a U.S. embassy or consulate. You will need to provide evidence of your qualifications, proof that you meet the visa requirements, and pay the visa application fee.

4. What documents do I need to submit when applying for a U.S. work visa?

When applying for a U.S. work visa, you will need to submit a valid passport, Form DS-160 (nonimmigrant visa application form), proof of payment of visa application fees, a copy of your job offer or contract from the U.S. employer, documents to prove your eligibility for the visa category you are applying for, and any additional documents that are required to establish your qualifications for the job.

5. What is USCIS Premium Processing for H-2A Visas?

USCIS Premium Processing for H-2A Visas is an expedited service for employers of H-2A workers that allows them to receive a decision on a petition within 15 calendar days of filing instead of the normal processing time of several months. This option allows employers to plan ahead and minimize the impact of potential delays in the labor market.

6. Is USCIS Premium Processing for H-2A Visas mandatory?

No, USCIS Premium Processing for H-2A Visas is not mandatory. It is an optional service that provides expedited processing for certain employment-based visa petitions.

7. What is the fee for USCIS Premium Processing for H-2A Visas?

The fee for USCIS Premium Processing for H-2A Visas is $1,440.

8. How long does it take to process an H-2A Visa application with USCIS Premium Processing?

The processing time for an H-2A visa application with USCIS Premium Processing is 15 calendar days.

9. What are the benefits of using USCIS Premium Processing for H-2A Visas?

USCIS Premium Processing for H-2A Visas offers expedited processing of H-2A visa applications. This includes a 15 day processing time for the approval or denial of the application and helps ensure that those that need an H-2A visa will have it in time for the start of their employment. Additionally, premium processing is often used to reduce the amount of time that employers spend handling requests and paperwork, as well as to help ensure that all necessary documents and information are provided in a timely manner. Furthermore, it provides employers with quicker access to labor, helping to reduce costly delays that can hamper operations and decrease productivity.

10. Are there any restrictions or limitations when applying for USCIS Premium Processing for H-2A Visas?

Yes. Premium Processing for H-2A Visas is limited to petitions filed on behalf of:

1. Seasonal or peakload need agricultural workers who will be performing labor or services of a temporary or seasonal nature;

2. Nonimmigrant workers who will be performing labor or services of a temporary or seasonal nature;

3. Workers providing labor or services in the Shepards/Stockyards Act of 1921.

USCIS also requires that the applicant must already have a U.S. employer-employee relationship and must be able to demonstrate that the duties to be performed by the worker are of a temporary nature that will not adversely affect the wages and working conditions of similarly employed U.S. workers.

11. What kind of jobs can foreign workers get through an H-2A Visa?

Foreign workers can get jobs in agricultural and forestry-related industries such as farm work, forestry, logging, fish hatcheries, tree nurseries, and related activities through an H-2A Visa.

12. How long does an H-2A Visa entitle the holder to stay in the United States?

An H-2A Visa entitles the holder to stay in the United States for up to three years, with an option for extension up to a total of five years.

13. What are the requirements for renewing an H-2A Visa?

To renew an H-2A Visa, the worker must:
1. Submit a completed Form I-129, Petition for Nonimmigrant Worker (H-2A worker), to the U.S. Citizenship and Immigration Services (USCIS).
2. Obtain a new temporary labor certification from the state agency, or to have the employer’s current certification approved by the Department of Labor (DOL).
3. Provide evidence that the worker has maintained legal status in the U.S.
4. Have not violated the terms of his or her status while in the U.S.
5. Provide evidence that he or she is still employed by the same employer as at the time of initial application for the H-2A visa.
6. Show proof of valid H-2A status through a valid H-2A visa, I-94 card, and employment authorization documents.
7. Provide a valid passport for re-entry into the United States.

14. Are there any special rules regarding travel or reentry to the US with an H-2A Visa?

Yes, there are special rules regarding travel and reentry to the US with an H-2A Visa. H-2A visa holders can travel in and out of the US during their stay, but they must have valid documents and the appropriate visa to do so. They must also have a valid Form I-94, Arrival-Departure Record, when reentering the US. Additionally, if they intend to stay outside of the US for more than a year, they will need to apply for a new H-2A visa in order to reenter the country.

15. Can I bring family members to the United States on an H-2A Visa?

No, the H-2A visa is only for temporary agricultural workers. However, family members may be able to enter the U.S. on other types of visas.

16. Are there any special rules regarding health insurance for foreign workers on an H-2A Visa?

Yes, foreign workers on H-2A visas must be provided with the same health and medical benefits as domestic workers. Employers covered by the employer-sponsored health insurance plan must offer the same coverage to foreign workers as they do to domestic workers, and must pay the majority of the premium costs. Additionally, employers must cover medical transportation costs, if the foreign worker needs medical attention outside of the employer’s plan.

17. How do I know if my employer is eligible to sponsor me for an H-2A Visa?

You should contact your employer to ask if they are eligible to sponsor you for an H-2A Visa. Your employer must be able to demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work and that the employment of H-2A workers will not adversely affect the wages and working condition of similarly employed U.S. workers. Employers must also demonstrate that their need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as permanent or temporary.

18. Are there any restrictions on activities or employment while in the United States with an H-2A Visa?

Yes, there are restrictions on activities and employment while in the United States with an H-2A Visa. An H-2A Visa holder is only authorized to perform the specific agricultural labor or services listed in his/her visa. The employer must also provide the H-2A Visa holder with free housing if it is of a reasonable distance from the worksite. Additionally, H-2A Visa holders are prohibited from engaging in unauthorized employment or any other activities that would violate their nonimmigrant status.

19. Can I switch employers while in the United States with an H-2A Visa?

No. An H-2A visa is tied to a specific employer and job, meaning the visa holder cannot switch employers while in the United States.

20. Are there any special rules regarding wages and working conditions for foreign workers on an H-2A Visa?

Yes, employers of H-2A visa holders must comply with special rules regarding wages and working conditions to protect their rights. Employers must abide by the Adverse Effect Wage Rate (AEWR), which is the minimum wage rate the Department of Labor has determined will not adversely affect the wages of similarly employed US workers. In addition, employers of H-2A visa holders must abide by all applicable labor laws, including those governing minimum wage, overtime, and other labor protections. They must also provide housing and transportation for their H-2A visa holders, as well as meet certain occupational safety and health standards.