announcements: Priority Dates for Family-Based, Employment-Based and Diversity-Based Petitions as of JANUARY 2019 now available. Click here.
H-2A VISA

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).
    • Documents that support the required forms.

IMMIGRATION FORMS

Download Immigration Forms at U.S. Citizenship and Immigration Services website.

Related Links
Terms and Disclaimer

By submitting this form, you agree and understand that all information contained in this appointment form will be kept STRICTLY CONFIDENTIAL and will not be released without your permission; also, that submission or having a consultation with any of our attorneys does not establish an attorney-client relationship.

Your appointment is not final until confirmed with you via call or email by Tancinco Law Offices, and until appointment feeĀ of $150 is made via Paypal or credit card. You will receive information of next steps once this form is submitted.

Latest News and Updates
  • One Hallidie Plaza, Suite 818,
    San Francisco CA 94102
  • Toll Free (888) 930-0808
  • Tel No. 1-415-397-0808
Copyright © 2019 - Tancinco Law Offices Site by Pixelhub - Custom Web Design and Development