Labor Visas H-2A

Farmers in the U.S. have a great sense of pride and responsibility; not only do they successfully operate vast acres of farmland, they also play an integral role in feeding the world. Often, U.S. farmers’ workforce heavily consists of labor obtained from other nations. The federal government understands and appreciates this circumstance, and offers the H-2A visa for agricultural employers so they can obtain the labor they need. 

One advantage for the agricultural industry is that H-2A visas are not subject to an annual cap. Requirements for U.S. companies requesting these visas include showing that employment is temporary or seasonal (less than 10 months per year). Efforts must have been made to employ U.S. workers for the open positions; additionally, U.S. employers must show that their H-2A workers will not drive down wages of U.S. workers employed in comparable positions.

The application process for H-2A applications can be rather complex. It is important to speak with one of our Attorneys to ensure an H-2A application is right for you. Each of the requirements below has specific evidentiary standards that must be met to satisfy the requirements of the application process. Our attorneys have extensive experience in H-2A visa applications and would love to discuss your immigration needs today.

That being said, all H-2A applications have the same basic requirements:

  • The application must be filed and approved by the State Workforce Agency.
  • The application must be filed and approved by the Department of Labor.
  • The application must be filed and approved by the Department of Homeland Security.

Satisfying the requirements of each phase of the application process can be complicated, but satisfying each phase of the application process in a compliant way is far more complex. This is a highly scrutinized program by the Department of Labor (DOL), so it is imperative you have your application filed by a highly skilled Attorney. Reach out to our firm today to discuss your options.

To qualify for certification of an H-2A Petition, Employers must prove the following to both the DOL and the USCIS:

  • Position is temporary or seasonal in nature.
  • Position is agricultural in nature.
  • Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work;
  • Demonstrate that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Determining each of the requirements above require specific and detailed evidence to be provided to the reviewing governmental entity. As such, it is imperative if you are filing an H-2A application, you use one of our experienced immigration attorneys to help guide you through the application process. Call us today to schedule a consultation.