H-2A Visa
The H-2A Visa is the most functional of all visa categories. It fills a specific need for both the U.S. and for foreign nationals. This visa allows foreign workers entry into the U.S. to work in agriculture. The H-2A visa is problematic: growers don’t like the limits of the visa and workers rights advocates don’t believe the laws provide enough support for workers.
The H-2A visa is not self-petitioned. Employers must prove that there are no U.S. workers available to perform the work to be completed. Although this is a temporary visa, it can be extended for up to three years.
Workers’ spouses and unmarried children under the age of 21 are allowed to join them in the U.S. under the H-4 status. Dependents are not permitted to work unless they personally qualify for a work visa.
For more information about visas and immigration law, contact an experienced Sugar Land lawyer at the Law Firm of Esani & Momin.
How to Obtain an H-2A Visa
To obtain an H-2A visa, employers must first demonstrate that there are no qualified U.S. workers available to fill the position. Employers must advertise the job to U.S. workers and actively recruit U.S. workers for the job. If no qualified U.S. workers are available, the employer can then apply for H-2A visas for foreign workers.
Additionally, the employer must provide suitable housing for the H-2A workers during their stay in the United States, as well as pay for their transportation costs to and from the United States.
H-2A visas are granted for a maximum period of one year, but they can be extended for up to three years as long as the employer can continue to prove that there are no qualified U.S. workers available to perform the job. After the three-year period, H-2A workers must return to their home country before they can apply for another H-2A visa.
It is important to note that H-2A workers are entitled to the same labor protections and benefits as U.S. workers, including workers’ compensation insurance, unemployment insurance, and other benefits.
The H-2A visa is an important option for employers who need temporary agricultural labor and cannot find qualified U.S. workers to fill those positions. The visa process can be complex and requires employers to demonstrate that they have exhausted all efforts to find U.S. workers, but it can provide a valuable source of labor for the agricultural industry in the United States.
