The H-2A program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs for which U.S. workers are not available. H-2A nonimmigrant classification applies to aliens seeking to perform agricultural labor or services of a temporary or seasonal nature in the United States on a temporary basis. A U.S. employer (or an association of U.S. agricultural producers named as a joint employer) must file a Form I-129, Petition for Nonimmigrant Worker on a prospective worker’s behalf.
To qualify for H-2A nonimmigrant classification:
- The job offered must be of a temporary or seasonal nature
- The employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work
- The employer must show that the employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers
- Generally, a single, valid temporary labor certification from the U.S. Department of Labor must be submitted with the H-2A petition. (A limited exception to this requirement exists in certain “emergent circumstances.”
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If you are in the process of filing for or appealing the decision of a waiver of this type, you will need qualified legal help on your side. We represent clients nationwide. For experienced employment visa advice, contact us today (toll free) at 1-888-678-5724 for a free consultation with an immigration attorney. We look forward to protecting your rights and serving your immigration needs.
The H-2A program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs for which U.S. workers are not available. H-2A nonimmigrant classification applies to aliens seeking to perform agricultural labor or services of a temporary or seasonal nature in the United States on a temporary basis. A U.S. employer (or an association of U.S. agricultural producers named as a joint employer) must file a Form I-129, Petition for Nonimmigrant Worker on a prospective worker’s behalf.
To qualify for H-2A nonimmigrant classification:
The job offered must be of a temporary or seasonal nature
The employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work
The employer must show that the employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers
Generally, a single, valid temporary labor certification from the U.S. Department of Labor must be submitted with the H-2A petition. (A limited exception to this requirement exists in certain “emergent circumstances.”
If you are in the process of filing for or appealing the decision of a waiver of this type, you will need qualified legal help on your side. We represent clients nationwide. For experienced employment visa advice, contact us today (toll free) at 1-888-678-5724 for a free consultation with an immigration attorney. We look forward to protecting your rights and serving your immigration needs.