The H-2A Visa
is the most functional of visa
categories. It fills a specific need for
the U.S. and for foreign nationals. The
visa allows foreign workers entry to the
U.S. to work in agriculture. Truthfully,
the visa hasn't garnered much support in
the community. Growers don't like the
limits of the visa and advocates don't
believe the laws give enough support to
workers.
The H-2A visa is not self-petitioned.
Employers must apply on behalf of their
employees. The employer can be
self-employed, a partnership,
corporation or agricultural association.
An agent may also apply on behalf of the
employer.
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.
Steps
The first step is to apply for a
Temporary Labor Certification from the
U.S. Department of Labor (DOL). You must
meet all requirements of the DOL, and
you must prove that there are no U.S.
workers available for the proposed
position(s).
After approval of the application, you
must attempt to recruit eligible U.S.
individuals for the proposed positions.
After the recruitment process is
complete, the DOL will subtract the
number of accepted U.S. workers from the
requested amount of H-2A workers. If no
U.S. workers were able to be recruited,
you will be eligible to apply for your
requested amount of visas.
You will then petition for the agreed
amount of H-2A Visas with INS. After
approval of this petition, foreign
workers may apply to the consulate in
their home nations.
Documents
The documents required for the petition
process are:
Form I-129/I-129H (Petition for non-immigrant worker).
A copy of the approved Temporary
Labor Certificate.
A statement detailing the number
of workers required.
An application including the
workers' names and qualifications.
The
documents
required
for the
H-2A
Visa
are:
An approved temporary labor certification.
Application for Alien Employment
Certification (Form ETA 750,
Part A, the Offer of Employment).
Agricultural and Food Processing
Clearance Order (Form ETA
790).
