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H2A Visa

(Seasonal Agricultural Workers)
The H2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.

l.

Benefits of the H2A Visa

A.
You can enter the U.S. for temporary work and enjoy all employee benefits
B.
Your dependents can stay with you in the U.S.
C.
You can freely travel in and out of the U.S. on the H2A visa
D.
You can change jobs if you can show a new job offer

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Requirements for the H2A Visa

A.

Criteria for Determining Employer's Eligibility

1.
The following general categories of individuals or organizations may import foreign workers under the H2A visa:
a.
An agricultural employer who anticipates a shortage of U.S. workers needed to perform agricultural labor or services of a temporary or seasonal nature
b.
The employer may be an individual proprietorship, a partnership or a corporation. An association of agricultural producers may file as a sole employer, a joint employer with its members, or as an agent of its members
c.
An authorized agent, whether an individual (e.g., an attorney) or an entity (e.g., an association), may file an application on behalf of an employer. Associations may file master applications on behalf of their members
1.
The employer must satisfy the following conditions to import foreign workers under the H2A visa:
a.
Recruitment: The employer must engage in independent positive recruitment of U.S. workers. This means an active effort, including newspaper and radio advertising in areas of expected labor supply. Such recruitment must be at least equivalent to that conducted by non-H2A agricultural employers to secure U.S. workers
b.
Wages: The wage or rate of pay must be the same for U.S. workers and H2A workers. The rate must also be at least as high as the applicable Adverse Effect Wage Rate or the applicable prevailing wage rate, whichever is higher
c.
Housing: The employer must provide free and approved housing to all workers who are not able to return to their residences the same day
d.
Meals: The employer must provide either three meals a day to each worker or furnish free and convenient cooking and kitchen facilities for workers to prepare their own meals. If meals are provided, then the employer may charge each worker a certain amount per day for the three meals
e.
Transportation: The employer is responsible for the following different types of transportation of workers:
i.
After a worker has completed 50 per cent of the work contract period, the employer must reimburse the worker for the cost of transportation and subsistence from the place of recruitment to the place of work
ii.
The employer must provide free transportation between any required housing site and the worksite for any worker who is eligible for such housing
iii.
Upon completion of the work contract, the employer must pay return transportation or transportation to the next job
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