As we discussed in earlier posts, the H visa has many different sub-types for different types of workers. H-visas allow individuals to legally work in the United States under various conditions.
The H-2A visa is specifically for temporary agricultural workers. This program allows agricultural employers like farms who anticipate a shortage of domestic workers to bring people from other countries to the United States to do agricultural labor on a temporary or seasonal basis. Employment is seasonal, meaning it is tied to a certain part of the year, such as during certain growing cycles that might require more labor. Since positions tend to be temporary, the positions usually do not last longer than 1 year.
In order to qualify for this type of visa, the agricultural employer must show that there are not “sufficient, able, willing, and qualified U.S. workers available”(USDOL) to do the agricultural work. The employer must also prove that the H-2A workers they are requesting to bring will not adversely affect the pay and working conditions of U.S. workers.
In order to apply for this visa, a job offer using ETA Form 790 must be filed with the State Workforce Agency in the region where the employment will be. The employer must file this form 60-75 days before they need the workers to start. There is also a second application that includes ETA Form 9142A as well as the accepted Job Order or ETA Form 790. This packet includes evidence and attachments with supporting documentation from the agricultural employer. If you believe that you need help putting together this packet, don’t hesitate to contact our office for advice and assistance.