Worker’s Guide to the H2A Visa

Some people might want to begin earning a living in the United States, but do not have the means or skills to become a permanent worker under the H1A visa. If those people have some knowledge on how to help out at a farm, they could opt for the H2A temporary agricultural program. This program is the perfect choice for those that want to temporarily work in the United States and eventually return to their homeland once their term is over.

H2A Visa

Sometimes, a person may not want to permanently leave their home country. They may just want to leave for a few months, earn some money, and then return to their homeland. They do not want to stay away from their family for too long, but they want to use their basic agricultural skills to earn that bit of extra cash.

This is exactly what the H2A visa is for. It is a temporary non-immigrant visa program that people of low to basic agricultural skills can opt for. In most cases, farmers from the U.S. that anticipate a shortage of workers during the high season can hire people from other countries on a temporary visa.

These workers may perform multiple types of agricultural work, including but not limited to planting, cultivating, and harvesting. Depending on the type of work required, this visa will allow you to work on a ranch, a farm, a greenhouse, a plantation, and so on. In most cases, these visas do not last longer than a year.

Difference from the H2B Visa

Like the H2A visa, the H2B also offers a temporary visa for those who wish to work on a seasonal basis in the United States. These temporary visas allow you to work on certain jobs in the U.S., no matter if you have the skill or not. Its purpose is to fill in the labor for projects that are likely understaffed or are going through a temporary increased workload.

That being said, the difference between the two is that while the H2A caters toward agricultural work, the H2B visa involves work that is not agricultural. This type of work can be in a shop, in a restaurant, or in any other establishment that needs supplementary employees, but not the agricultural kind. If your work preferences mainly revolve around agriculture, the H2A visa is what you should go for.

Who Is Eligible for an H2A Visa?

There aren’t any specific requirements or skills that you may need to meet in order to get an H2A visa, as long as the circumstances are normal. Most of the time, these jobs can be given to both skilled and unskilled people, as long as there is a determination to learn and to do your job. The only requirement is that you’ll need to be at least 16 or 18 years old in order to work under this kind of visa. The age requirement will change based on the state or the area of work.

Most of the work in terms of requirements and paperwork will have to be done by the petitioner – in other words, your employer. They need to prove that the work is seasonal and that they are hiring because there is a shortage of workers at their location. They also need to prove that your employment won’t negatively affect the working conditions at the locations or the wages of other workers with U.S. citizenship.

Required Documents for an H2A Visa

When opting for an H2A visa, you need to bring an original copy of form I-797A or B, Notice of Action. The approval will be sent to your employer once the petition has been approved, allowing you to receive the document. Alongside those documents, you will also have to provide the following:

• Form DS-129 for non-immigrant visa application.
• Form DS-129H for supplemental non-immigrant visa application. It applies to male applicants that are between 16 and 24 years old (optional).
• Labor certification that needs to be requested for and submitted by your employer (submitted by your employer).
• Form DS-160 online nonimmigrant petition, if you are submitting the paperwork online.
• A passport copy that has to be valid at least 6 months beyond your stay and have at least a blank page.
• Two identical color photographs in standard ID format. You can only wear a headdress if your religion requires you to, but other than that, your head should not be covered.
• Proof that you can meet at least the minimum requirements necessary for the job.

If you have any supporting documents that are necessary for your visa, you will need to include that in your petition as well.

How to Apply for an H2A Visa

The Process of applying for an H2A is relatively straightforward, as most of the work will need to be done by your employer. Still, here are the basic steps:

1. Find a good job. Obviously, before you do anything else, you need to find a suitable job and ensure that the employer has a valid working petition.
2. Labor certification. This document needs to be submitted to the Department of Labor in the U.S. by your employer. They will receive a labor certification for you and will be able to request USCIS to release a temporary H2A certification.
3. Form I-129. This is one more document that needs to be submitted by your employer after they receive the labor certification. They must submit the original labor certification along with form I-129.
4. Submit your documents. Once USCIS has approved your employer’s application, it’s time for you to submit your part of the documents. The easiest way is to submit from your home country using the DS-160 online application. At that point, you’ll also have to schedule the interview.
5. Attend your biometrics appointment: At the biometrics stage, you will have to provide fingerprints and your photograph.
6. Attend the H2A interview. There, you will have to prove that you are qualified for the job and that you intend to go back home once your visa expires. You may be asked about your family waiting in your home country.

Ideally, in order to make sure every step goes smoothly, you might want to work together with your recruiter and your immigration lawyer.

H2A Visa Cost

In most cases, it will cost you $460 to file form I-129. That being said, the overall cost of filing your visa application will depend on your employer. As the employer will have their own petitions to file (the form DS-160), you may or may not be required to pay the $190 fee yourself. Make sure to ascertain whether you will be reimbursed for it or not.

H2A Visa Processing Time

The processing time for the H2A visa may vary based on several factors, but in most cases, it should not take more than 90 days from beginning to end. It may vary based on the government agency that you are using, which is why you should keep a close eye on your case.

Final Thoughts

In the end, there is nothing too complicated about the H2A visa. You just need to find a reliable job, and once you have gathered your paperwork, submit your interview. There is no reason why you should not be able to receive this visa, as long as you meet the minimum requirements.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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