H2A Visa Lawyer

Do you work in the field of agriculture? This visa will allow you to legally work and live in the United States if you work in the field of agriculture.

The H-2A visa requires the help of your U.S. employer, Workers’ spouses and unmarried children under the age of 21 are allowed to join you in the U.S. under the H-4 status. However, your dependents are not permitted to work, unless they apply for a different type of work visa. Of course, your children can attend school in the U.S. up to the age of 12 grade, the last year of high school.

How to apply for an H-2A Visa:

The first step is for the employer to apply for a Temporary Labor Cerification fro the U.S. Department of Labor (DOL). The employer must meet all requirements of the DOL, and must prove that there are no U.S. workers available for the job.

After approval of the application, the employer must attempt to recruit eligible U.S. workers for the proposed positions. After the recruitment process is complete, the DOL will subtract the number of accepted U.S. workers fromteh requirested amount of H-2A workers.

The employer will then petition for he agree amount of H-2A Visas with USCIS. After approval of this petition, foreign workers may apply to the consulate in their home nations.

Documents:

The documents required for the petition process are:

• Form I-129/I-129H (Petition for non-immigrant worker) along with a fraud prevention fee of $150
• A copy of the approved Temporary Labor Certificate.
• A statement detailing the number of workers required.
• An application including the workers' names and qualifications.

The documents required for the H-2A Visa are:

• An approved temporary labor certification.
• Application for Alien Employment Certification
• Agricultural and Food Processing Clearance Order (Form ETA 790). Documents that support the required forms.