H-2A Visa Agricultural Workers
U.S. employers may petition for skilled or unskilled alien workers to meet temporary or seasonal needs in positions for which qualified U.S. workers are not available. It is important to note that the employer's need for such services must be temporary. There is currently an annual cap of 66,000 visas for H-2B workers. There is currently no annual cap on visas for H-2A workers.
The first step to hiring an H-2 worker from outside the U.S. is for the employer to apply for a temporary labor certification with the Department of Labor. These certificates are designed to ensure that the admission of aliens to work in this country on a temporary basis will not adversely affect the job opportunities, wages, or working conditions of U.S. workers. The employer is required to file the labor certification with the I-129 petition.
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 USCIS. After approval of this petition, foreign workers may apply to the consulate in their home nations.
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.