US H2A Work Visa Process For Temporary Agricultural Employment

US H2A Work Visa Process For Temporary Agricultural Employment 2024

Last Updated on: 28th January 2024, 05:23 pm

The US H2A Work Visa facilitates U.S. employers or their agents in recruiting foreign workers for temporary agricultural employment within the United States. If you are a worker seeking seasonal or temporary opportunities in planting, cultivating, or harvesting crops, this post is designed to provide you with insights into the US H2A Work Visa process.

The program plays a crucial role in aiding American farmers by addressing employment gaps through the hiring of foreign workers.

The annual allocation of H2A Visas varies, typically ranging from approximately 100,000 to 200,000 visas based on the prevailing demand. Workers participating in the H2A Visa program enjoy various benefits, including coverage of agent fees, application fees, and recruitment costs by their employers. The H2A Visa has a duration of 1 year.

Here are additional details regarding the application process and the visa requirements.

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What is the US H2A Temporary Agriculture Visa:

U.S. employers with farms, farming companies, or corporations involved in the agriculture sector can hire foreign workers for agriculture-related activities.

Benefits for Workers of the H2A Program:

  • H-2A workers are exempt from Social Security and Medicare taxes.
  • According to the U.S. Department of Agriculture, employers are responsible for covering the cost of Labor Certification, Non-Immigrant Worker Petition, Visa application, Transportation costs, Housing, and livable fittings for foreign workers.

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H2A Visa Cap:

There is no cap on the number of H-2A visas issued annually, providing flexibility based on demand.

Minimum Wage for H2A Visa Workers:

Hourly wages vary depending on the type of work and the state:

  • The highest hourly wage is $19.75.

Type of Work:

Work can take place on farms, plantations, ranches, nurseries, ranges, greenhouses, orchards, or similar locations, encompassing activities such as planting, cultivating, or harvesting labor.

H2A Visa Processing Time:

The processing times for H-2A visas can be subject to variation due to seasonality, and in some cases, the duration may extend. Nevertheless, it is advisable for U.S. employers to submit USCIS petitions within a timeframe of at least 60 days but not exceeding 120 days before the anticipated start date for the foreign workers.

US H2A visa requirements:

To be eligible for the H2A Visa, you must:

  1. Have a valid job offer from a U.S. employer.
  2. Be from an eligible country.
  3. Obtain certification from the Department of Labor (DOL).
  4. Submit a petition to USCIS.
  5. Apply for the H2A Visa.
  6. Fill out the DS-160 Visa form online.

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How to Apply for the US H2A Work Visa:

The application process is divided into two parts for workers and employers.

  1. Employer Petition:

    • The U.S. employer initiates the process by filing a petition with the U.S. Department of Labor (DOL).
    • Upon DOL approval, the employer receives a temporary labor certification (TLC).
  2. Worker Visa Application:

    • With the approved temporary labor certification, the foreign worker can apply for an H-2A visa at a U.S. consulate or embassy in their home country.
    • All necessary documents must be presented during the embassy interview, for which an appointment needs to be scheduled in advance.

For further information and resources, you can visit the US H2A Visa Program Website.

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