All You Need to Know About the Seasonal H2A US Work Visas for Temporary Workers

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All You Need to Know About the Seasonal H2A US Work Visas for Temporary Workers

An H2A work visa holder in Florida.

Important update regarding the H2A US work visa:

June 16th, 2021 was the final date that the UCSIS accepted H2A petitions regarding any flexibilities under the temporary law.

However, if you’re still unaware of what the H2A work visa entails and how it’ll affect your farm organization, we have enlisted all the essential information:

 

What is the H2A US visa?

Under this program, US employers or employing agents bring in foreign workers in the United States to temporarily fill up the agricultural work positions. Under the scheme, the US employing agent or any agricultural association that brings in the foreign national need to file Form I-129, Petition for a Nonimmigrant Worker, on the worker’s behalf.

 

Who qualifies for the H2A visa?

In order to qualify for the H2A visa, the petitioner must fulfill the following criteria:

  1. It’s important that the farm-related job that they’re applying for is of seasonal or temporary nature.
  2. The petitioner should be able to prove that employing the foreign candidate will not affect the working conditions or wages of other US workers employed in a similar project.
  3. The petitioner needs to be able to prove that there is a lack of US workers who are either available, willing, or qualified to carry out the temporary job.
  4. The petitioner also needs to submit a valid temporary labor certification acquired from the US Department of Labor along with an H2A petition.

 

Period of stay

In most cases, the USCIS grants the H2A visa for the same time period that is authorized by the temporary labor certification. However, the H2A visa may be extended for up to 1 year each if an individual qualifies. However, the maximum stay period is equal to three years. You may need a new, valid labor certification for this purpose every time you apply for an extension. Once the worker’s three-year period comes to an end, they need to leave and remain outside the US for three consecutive months before they apply for readmission.

 

The worker’s families

Anyone working in the US on the H2A visa can also bring in their spouse and unmarried children the H-4 non immigrant classification. This only includes children under the age of 21. However, the family members of the said farmworker won’t be able to work in the United States.

If you need help sourcing farm labor for your farm in Florida, Farm Aid H-2A LLC can help you. We are an H2A employment agency from Anthony, Florida, that helps farms fulfill their seasonal labor demands by bringing in foreign labor. Other than offering recruitment services, we also help workers obtain adequate foreign labor certifications. Get in touch to learn more.

 

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