How to Apply for a US H-2A Temporary Agricultural Work Visa

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The number of temporary workers performing agricultural jobs in the United States has increased in the past five years, despite immigration restrictions The Donald Trump administration implemented a pandemic COVID-19.

In fact, the H-2A visa It is the only one that has increased its emissions over five years. According to data from Department of work (DOL), in 2016, the United States issued a total of 123,368 H-2A visas and in 2020 213,394 visas were issued, an increase of 58.8%.

The Most Popular Jobs In 2020 on an H-2A visa it will be employed by agricultural workers, day laborers, agricultural equipment operators, and agricultural workers for farm animals, livestock, and aquatic animals. Among employers hiring more temporary workers under H-2A visa North Carolina Growers Association, Inc.And the Fresh Harvest, Inc. s Wave.

Farmers in the United States hire more foreign workers than nationals. According to a series of interviews conducted between 2015 and 2016 by DOLAbout 7 in 10 farm workers were born in Mexico (67%) and 83% of all farm workers were Hispanic.

Employers who decide to participate in the H-2A . Program You must prove it to the Ministry of Labor that there are not enough US workers “able, willing, and qualified to perform seasonal and seasonal agricultural jobs” and that the work provided to temporary overseas workers does not adversely affect the soil and working conditions of US employees performing similar tasks.READ  Fortaleza denies total lockdown due to the increase in COVID-19 cases

Below we explain the H-2A visa process, limitations, and benefits.

H-2A visa process

The H-2A program allows agricultural employers anticipating a shortage of domestic labor to bring foreign workers to the United States for temporary agricultural work.

The end-to-end process for hiring someone under an H-2A visa takes about 75 days, and is as follows:

  1. The farmer submits a work order to the State Manpower Agency (SWA).
  2. The farmer submits an H-2A application to the Chicago National Processing Center (NPC).
  3. There is a draft for American workers.
  4. Submitting the petitioner Form 1-129 With US Citizenship and Immigration Services (USCIS).
  5. Prospective workers apply for an H-2A visa from the US Department of State and complete their interview at the US Consulate in their home country.
  6. Certified workers must enter the United States at a United States port of entry.

Information for workers

On the first working day, the employer must provide each employee with a copy of his contract in the worker’s language. The contract must include:

  • The start and end date of the contract, as well as the place of work.
  • All important business terms, such as the cost of transportation, housing and meals.
  • The working hours of the day and the days the worker is expected to work.
  • The type of harvest they will work on and each task that needs to be done.
  • Rates applicable for each harvest or job.

The contract must also state that all required tools, supplies, and equipment will be provided free of charge, that indemnity insurance will be provided at no cost, and must provide for any deductions not otherwise required by law.READ  These are the requirements to receive financial aid to pay online

Accommodation, food and transportation

The employer must provide housing at no cost to H-2A workers who cannot reasonably return home on the same day. The employer is also required to provide each worker with three meals a day not exceeding the cost set by the Ministry of Labour, or to provide free cooking facilities. You must also provide daily transportation from employer-provided accommodation to the work site at no cost to workers.

An employer may not withhold workers’ passports or immigration documents, or receive payment for any expenses incurred to obtain an H-2A labor certificate. See Legal Protection for H-2A Workers.

How long can I work in the United States?

The H-2A visa is granted for one year, although two extensions can be requested for up to one year each. The extension application must be submitted before it expires and workers can remain in the United States during the extension process.

The maximum period of stay is 3 years. After this time, H-2A visa holders must leave the United States for a continuous period of 3 months before applying for readmission under the same type of visa.

Workers who have received the extension do not have to apply for a new visa, as long as they do not leave the United States, and if they return to their country of origin, they must apply for a new visa before returning to the United States.

Can I bring my family to the United States?

Yes, an H-2A agent can bring a spouse or unmarried children under the age of 21 under an H-4 classification. However, family members are not eligible to work in the United States.

Please click HERE to see H-2A eligible country list.

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