Pay-As-You-Go H-2A Visa Experts

The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Employment is of a seasonal nature where it is tied to a certain time of year by an event or pattern, such as a short annual growing cycle, and requires labor levels above what is necessary for ongoing operations. Employment is of a temporary nature when the employer’s need to fill the position with a temporary worker will, except in extraordinary circumstances, last no longer than 1 year.

The Department must determine that:

1. there are not sufficient able, willing, and qualified U.S. workers available to perform the temporary and seasonal agricultural employment for which nonimmigrant foreign workers are being requested; and
2. employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. The statute and Departmental regulations provide numerous worker protections and employer requirements with respect to wages and working conditions. The Department’s Wage and Hour Division (WHD) has responsibility for enforcing provisions of worker contracts.

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The H-2A visa beneficiaries are U.S farm employers and foreign employees. Any U.S farm owner who needs extra workers qualifies to initiate the H-2A visa process for foreign workers.

Since H-2A visas are temporary for agricultural work, they are valid for 1 year. So after a year, the employee has to return to their country of origin. However, in case they have not completed the work and the employer needs them, or they find another employer, the H-2A visa can be extended. We handle all that for you!

Extensions are done in one-year increments, and the total amount of time that a H-2A visa holder can stay in the U.S is three years. This means that the H-2A visa can be extended two times. After these three years, the H-2A workers must return to their home country and stay there for an uninterrupted time of 3 months before they are eligible to apply for the visa again

Trump administration officials with the departments of State, Agriculture, Labor, and Homeland Security have vowed to modernize the H-2A agricultural guest worker visa program.

Stating their intent to streamline, simplify and improving the H-2A temporary agricultural visa program, the officials said in a statement they will reduce bureaucracy while ensuring adequate protections for U.S. workers.

“The Trump administration is committed to modernizing the H-2A visa program rules in a way that is responsive to stakeholder concerns and that deepens our confidence in the program as a source of legal and verified labor for agriculture — while also reinforcing the program’s strong employment and wage protections for the American workforce,” according to the statement.

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