Suppose you are a farmer in need of seasonal or temporary laborers to help with agricultural planting, cultivation, and harvesting, but you’re struggling to find domestic farm workers. In that case, you must participate in the H-2A Visa program.
Under the H-2A program, foreign nationals may be brought to the country to fill the temporary agricultural workforce by U.S. businesses or U.S. agents who adhere to certain regulatory standards.
The H-2A visa is available to those who intend to work in temporary or seasonal agricultural positions. Seasonal in this context means that the task takes place during a specific period of time or on a specific date. Projects that are temporary in this context are those that are completed in under a year.
For assistance using the H-2A visa program to staff your agricultural business, you should get in touch with lawyers such farmerlawpc.com/h-2a-visas as right away.
The H-2A temporary agricultural program
In order to fill temporary or seasonal agricultural jobs in the U.S., including but not limited to planting, growing, or harvesting labor, companies who foresee a shortage of domestic laborers can use the H-2A temporary agricultural program.
American businesses that own farms, farming businesses, or corporations are permitted to employ farm workers from other nations. These farm workers will assist the employers with tasks relating to agriculture for a predetermined span of time.
It is the employers who are responsible for applying to the H-2A program by filing visa applications to the different agencies, including the Department of Labor and U.S. Citizen and Immigration Services Employment and Training Administration.
While the worker benefits of being able to enter the country to earn a living, they are jointly responsible for the application process.
Both temporary and seasonal agricultural employment can take place on farms, plantations, ranches, nurseries, ranges, greenhouses, orchards, or other places that are comparable, depending on the kind of job you need.
Who can apply for an H-2A visa?
Foreign workers and U.S. farmers are the intended beneficiaries of the H-2A visa. Any American farmer who needs more staff is eligible to start the visa application process. The following requirements should be met by them:
- The employment opportunities they provide should be transient and intermittent in nature.
- The employer is able to demonstrate that no U.S. workers are available, willing, or qualified to fill those positions.
- They must prove that recruiting foreign labor will not have a negative impact on the wages and working conditions of U.S. employees working in the same sector.
- They must possess the required documentation and petition approvals.
There are requirements for employees as well, in addition to employers. For an employee’s H-2A visa, the following requirements must be met:
- Find employment with a U.S. company that offers temporary farm work.
- Show that you intend to go back to your home country after your visa expires.
- Having a certain nationality from the total number of nations from which H-2A workers may be hired is decided by the Department of Homeland Security (DHS). Not all farm laborers from all nations are eligible to work in the U.S.
Your agricultural company can run more smoothly during peak seasons if you are aware of the H-2A visa requirements and the application procedure.
Farmers and others working in the agriculture industry rely heavily on the legal, foreign labor provided under the H-2A visa program. However, if you don’t have the knowledge of Farmer Law’s attorneys on your side, navigating the H-2A visa restrictions can be difficult – particularly with the chance of regulatory changes down the line.
There are a group of skilled lawyers who can assist you with the initial H-2A visa paperwork as well as the requirements of the visa program pertaining to the salary, lodging, and transportation of foreign nationals.