How To Apply For The H-2A Visa For Temporary Agricultural Workers

There are a lot of farmers whose farmlands are spread over a vast area, and during cultivation or planting seasons, there is a need for more workers who can help them in a short amount of time.

This article will be very informative for farmers who want to get temporary agricultural workers or want to be temporary agricultural workers with the help of Farmer Law – H2A Visas

What Is The H-2A Visa Program?

It is essential to know the full extent of the program, which is the H-2A visa program. This temporary agricultural worker program helps American-born farmers get workers from other countries to farm on their lands for a short time.

This visa program helps employers who are experiencing a shortage of domestic farmers to bring foreign farmers to the US to perform agricultural work, which includes cultivating, harvesting, and planting.

Technically, there is no cap for the H-2A visas. This allows a foreign worker to apply as often as they want to work in the US for a visa and get approved, so they can come here to work and stay there for a year on one issue.

What Is So Special About H-2A Visa?

This program can have a lot of benefits for employers, such as:

• You can get workers on a seasonal basis, and you don’t need to pay for the whole year.
• This work contract doesn’t last longer than one year.

How To Participate In The H-2A Visa Program?

There are multiple ways to apply for the said program, ranging from standard, emergency, immediate need, etc.

Standard 

The standard filing process for hiring workers through this program is as follows:

• The farmer applies for a job with their local State Workforce Agency
• Then they apply for certification with the Department of Labor of that state for temporary labor.
• The Department of Labor provides the farmer with the final document.
• The farmer then completes an H-2A visa form with US Citizenship and Immigration Services.
• The workers then apply and interview for it.

Approved workers travel to the worksite and start on the recorded date.

 Emergency

A farmer can consider filing an emergency filing process if the work site needs more than seventy-five days to complete.

• During emergency filing, the farmer should submit a job order with the agency.
• The Department of Labor will start processing at the same time.
• The Department of Labor of that state provides the farmer with the final document.
• The farmer then completes the visa form with US Citizenship and Immigration Services.
• Then the workers apply for and interview for it.

Then the approved workers travel to the worksite and start on the specified date.

The Laws And Obligations That Help A Foreign Farmer

There are specific laws that are mandatory to be maintained throughout the application and work period:

• Employers can’t hold or confiscate workers’ passports or other immigration documents.
• There can be no strike or lockout during a labor dispute at the worksite.

What Is The Duration Of Time To Process H-2A Visas?

Since Farmer law – H2A Visas are issued temporarily for farmers, they are valid for a year. So, after completing their work in the US, they need to return home to their country to get a new visa. If, in this case, they have not completed the work, they can request an extension of it. Also, they can extend it if they find another employer. All the extensions are in 1-year increments.