What is the H-2A Visa Category?
Noncitizens may temporarily enter the United States under the nonimmigrant H-2A visa category to carry out seasonal or temporary agricultural work or services. Only those who meet certain requirements are eligible for the H-2A visa, which is intended to address labor shortages in the agricultural industry.
Who Qualifies for the H-2A Visa?
An applicant for an H-2A visa must fulfill the requirements listed below:
- The person must be traveling to the country in order to provide seasonal or temporary agricultural labor or services.
- The number of Americans who are capable, willing, and qualified to provide the agricultural labor or services must be insufficient.
- The employer must show that hiring the foreign national won’t have a negative impact on the pay and working conditions of similarly employed Americans.
- A legitimate work offer from a U.S. company who will apply for the visa on their behalf is required.
What Are the Steps Involved in the H-2A Visa Process?
- The U.S. business must submit a Labor Certification Application to the Department of Labor to prove that there is a labor shortage in the country and that hiring the foreign worker won’t have a negative impact on the pay and working conditions of Americans who are similarly employed.
- The U.S. business must submit a Form I-129, Petition for Nonimmigrant Worker, to U.S. Citizenship and Immigration Services when the Labor Certification is approved.
- The foreign national is required to appear for a visa interview at the American embassy or consulate in their country of residence.
- The foreign national may enter the country and start working for the United States employer if the visa is granted.
Annual Cap on the H-2A Visa
There is no annual cap on the number of H-2A visas that may be issued in a given year. This means that there is no limit to the number of foreign nationals who may enter the United States on an H-2A visa each year. However, the H-2A visa is only available for individuals who are coming to the United States to perform agricultural labor or services of a temporary or seasonal nature, and the employer must demonstrate that there is a shortage of U.S. workers. Further, the Department of Homeland Security publishes a list of countries eligible for H-2A Visas each year.
In conclusion, the H-2A visa category is an excellent opportunity for foreign nationals who are looking to temporarily enter the United States to perform agricultural labor or services of a temporary or seasonal nature. This visa category provides a path for individuals to fill labor shortages in the agricultural sector and is designed to meet the needs of both the foreign national and the U.S. employer.
An applicant for an H-2B visa must fulfill the requirements listed below:
- The person must be traveling to the US to engage in temporary or seasonal non-agricultural work or services.
- The non-agricultural labor or services must be in limited supply of American employees who are capable, willing, and qualified to carry them out.
- The employer must show that hiring the foreign national won’t have a negative impact on the pay and working conditions of similarly employed Americans.
- A legitimate work offer from a U.S. company who will apply for the visa on their behalf is required.
Steps Involved in the H-2B Visa Process
The following steps are involved in obtaining an H-2B visa:
- The U.S. business must submit a Labor Certification Application to the Department of Labor to prove that there is a labor shortage in the country and that hiring the foreign worker won’t have a negative impact on the pay and working conditions of Americans who are similarly employed.
- The U.S. business must submit a Form I-129, Petition for Nonimmigrant Worker, to U.S. Citizenship and Immigration Services when the Labor Certification is approved.
- The foreign national is required to appear for a visa interview at the American embassy or consulate in their country of residence.
- Upon receipt of the visa, the foreign national may enter the United States to begin work for the employer.
Annual Cap of the H-2B Visa
A maximum of 66,000 H-2B visas may be issued annually, with half of those visas being made available for employees who start their employment in the fiscal year’s first half (October 1 – March 31) and the other half for those who start their employment in the fiscal year’s second half (April 1 – September 30). The cap is flexible and might be changed in response to the demands of the American economy.
When to File for the H-2B Visa
Up to 6 months before the start date of the foreign worker’s employment, U.S. firms may submit a petition for the H-2B visa. The H-2B visa is restricted by an annual cap, so it’s crucial to keep that in mind. To make sure the foreign applicant can enter the country on time, it’s advised to complete the prevailing wage determination, labor certification, and petition as early as feasible.