Examining How the H2a Visa Application Process Works
Employers in the agricultural sector are allowed to employ foreign workers on a seasonal basis under the H2A Visa.
Workers from other countries enjoy being able to come live in the United States and work temporarily.
Employers who need these seasonal workers must follow the H2A Visa application process along with all applicable requirements.
The H2A Visa application process can be complex, but it is beneficial to employers who need workers. Each year a certain number of H2A Visas are handed out to foreigners who have secured temporary jobs in the United States.
Here’s what you need to know about the H2A Visa application process.
Initial Requirements
Various agencies are involved in the H2A Visa process, including the Department of Labor and the U.S. Citizen and Immigration Services Employment and Training Administration. Employers must state that there are not enough “willing, qualified, and available” workers in the United States to perform the work, employing foreigners will not negatively impact wages or working conditions, and they first tried to hire United States workers before applying for the Visa.
United States employers are responsible for completing and submitting special Visas for foreign workers. There are 3 main steps in the process.
Temporary Labor Certification
The labor certification process involves submitting multiple forms at the appropriate time and in the appropriate order with the Department of Labor and the United States Citizenship and Immigration Service (USCIS). Once the initial paperwork has been properly submitted and approved, employers must pay a fee of $100 plus $10 per worker.
Visa Application
Upon completion of the prior steps, employers will get a certificate from the Department of Labor. Employers can then take that certificate and file a petition for nonimmigrant workers. An initial interview is conducted and potentially approved which means it’s time for the foreign workers to do their part. They must participate in consular interviews and submit fingerprints to the E-Verify, authorizing them to work in the United States.
Possible U.S. Admission
During this step in the process, the employer must submit further paperwork requesting entry into the United States for their foreign workers and pay the necessary application fees. This paperwork should only be submitted 10 days before work is to begin because potential workers cannot gain entry to the United States earlier than 10 days before work starts.
Getting Legal Help
The work doesn’t stop once foreign workers enter the country. Employers must maintain detailed records verifying the information on foreign workers to ensure they have extended employment to. The Visa rules and regulations can create a lengthy and complicated process. Furthermore, the rules and regulations can change annually.
Many employers choose to get help from seasoned law professionals who understand the process and stay current with the changing laws. A team of experienced attorneys can help guide you through the entire process ensuring compliance with all current Visa regulations to secure approval. If you are an employer in the agricultural field who needs to utilize foreign workers, partner with an experienced law firm that can guide you through the entire H2A Visa application process and ensure a smooth outcome.
