The H-2A program permits US employers to bring foreign nationals to fill temporary agricultural jobs in the United States. The United States Citizenship and Immigration Services (USCIS) has a set of specific regulatory requirements for H-2A applications.
Keep reading to find out why you should work with an immigration lawyer to obtain an H-2A visa.
Understanding the H-2A Visa Requirements – The Basics
Under the H-2A visa, US employers in the agriculture segment may hire foreign nationals to work temporarily. Foreign workers cannot self-petition to attain H-2A status. The application must be filed by a US employer, an authorized agent, or an association of US agricultural producers.
The eligibility for the H-2A program depends on whether the US employer meets USCIS conditions, which are:
- Offering an agricultural job that is temporary or seasonal
- Demonstrate that there are not sufficient US workers able, willing, qualified, or available to perform those specific activities
- Prove that the employment of foreign labor will not adversely affect the wages or working conditions of American workers in similar employment
- With a few exceptions, US employers must provide a temporary labor certification issued by the US Department of Labor (DOL).
A prospective worker’s eligibility also depends on whether he or she is a national of an eligible H-2A country.
The Department of Homeland Security restricts the availability of H-2A visas to citizens of specific countries by publishing the annual list of H-2A eligible countries in a Federal Register notice. Once published, the designation is valid for one year.
Why Do You Need an Immigration Lawyer to Obtain an H-2A Visa? – An Honest Answer
Identify the Right Visa Option
Each visa serves a specific purpose. The H-2A program is an excellent option for agricultural companies and producers to ensure the availability of workers to perform the specific nature of work required in their segment.
An immigration lawyer will help you to identify whether the H-2A visa offers the solution for your case and how it may benefit you.
Guide Prospective Employers and Workers in the Application Process
The H-2A visa application process requires the US petitioner to apply for a temporary labor certification with the US Department of Labor. Once the certification is approved, the petitioner must file Form I-129 with USCIS to apply on the worker’s behalf.
After Form I-129 is approved, prospective workers must apply with a US Embassy or Consulate abroad. This process involves a load of paperwork, legal compliance, and specific procedural maneuvers.
An immigration lawyer can handle this process with ease, reviewing the documentation, and increasing your chances of approval.
Anticipating Potential Issues and Avoiding Mistakes
When you work with an immigration lawyer seasoned by experience, it is possible to anticipate potential issues that may hinder the application process before it is too late. One thing is to understand immigration laws, but it is another to know how to apply them for each case.
An experienced immigration lawyer will help you avoid mistakes by anticipating potential issues, explaining your options, and ensuring every important factor is in place.
Do You Need an Immigration Lawyer to Obtain an H-2A Visa? – Immediately Contact an Expert Legal Counselor at Jurado & Associates, P.A.
Whether you are a US employer or a prospective agricultural worker, meeting the H-2A visa requirements is a complex, multi-step process. If you want to succeed, call Jurado and Associates, P.A at (305) 921-0976 or email [email protected] for strategic legal guidance.