H-2A visas allow foreign workers to enter the United States temporarily to perform agricultural jobs for qualified U.S. employers or U.S. agents. Prior to petitioning for this visa on behalf of a prospective worker, the U.S employer must obtain Labor Certification from the U.S Depart of Labor and then submit the requisite forms and documents including evidence of:
- A job offer that is of a temporary or seasonal nature.
- Proof that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
- Proof that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
- A valid temporary labor certification from the U.S. Department of Labor with the H-2A petition.
Generally, H-2A visa holders may stay for the period of time authorized on the temporary labor certification up to 3 years maximum. However, status may be extended for qualifying employment in increments of up to 1 year each.
Contact a Skilled Business Immigration Lawyer for More Information*
Gold Law Group assists clients with a wide variety of business-related immigration matters including H-2A visas. If you are a foreign national agricultural worker interested in obtaining an H-2A visa or if you are a U.S employer wishing to file a petition for a H-2A visa on behalf of a foreign national agricultural worker, visa please call 323.394.1281 or contact us online to schedule a consultation.
*Please read important legal notice below