The H-2A Process

The H-2A visa program is a temporary agricultural worker program in the United States that allows employers to bring foreign nationals to the country to perform seasonal or temporary agricultural work. The program is designed to address the labor shortages in the agricultural industry and ensure that agricultural employers have access to a reliable workforce. To participate in the program, employers must demonstrate that there are not enough domestic workers available to fill the job openings and that the employment of foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

The H-2a process

The agricultural employer must first obtain a temporary labor certification from the U.S. Department of Labor (DOL).
The employer must submit a job order to the State Workforce Agency (SWA) where the work will be performed, which includes details about the job requirements and the number of workers needed.
The employer must also provide documentation showing that there are not enough domestic workers available to fill the job openings.
The DOL will review the application to ensure that the employer has met all the requirements, and if approved, the DOL will issue a temporary labor certification.
The employer then files a petition with U.S. Citizenship and Immigration Services (USCIS) to bring the H-2A workers into the country.
The petition must include the temporary labor certification issued by the DOL, as well as other required documents, such as proof of the employer's ability to pay the H-2A workers the prevailing wage.
If the petition is approved, the H-2A workers may apply for a visa at a U.S. consulate in their home country.
Once the workers arrive in the United States, the employer must provide them with transportation to the worksite and housing that meets certain standards.
The employer must also ensure that the H-2A workers receive the prevailing wage and are not subject to any working conditions that are less favorable than those of domestic workers.
The employer must comply with all H-2A program requirements, such as maintaining accurate records and reporting any changes in employment to the DOL and USCIS.

Intro - H-2A Workers for farm labor

The H-2a process

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