How to Apply for a US H-2A Agricultural Temporary Work Visa

Staff shortages: The fault of the immigration system? 1:21

(CNN Espasol) – The number of temporary workers doing farm work in the United States has increased over the past five years Immigration restrictions Implemented by Donald Trump’s administration and epidemic Govit-19.

In fact, The Visa H-2A This is the only increase in emissions in five years. According to the data Department of Labor (DOL), the United States issued a total of 123,368 H-2A visas in 2016 and 213,394 visas in 2020, an increase of 58.8%.

The The most common jobs In 2020 under the H-2A visa they will be occupied by farm workers and day laborers, farm equipment operators and farm workers of livestock, livestock and aquatic animals. One of the employers who employs the largest number of temporary workers under the H-2A visa North Carolina Farmers Association, Inc., Fresh Harvest, Inc. Y Wave.

You can find it on the DOL website There are temporary jobs In the United States, its description, duration, location, fees and contact.

New Harvest is one of the largest employers of people using H-2A temporary farm worker visas. (Credit: Brent Stirton / Getty Images)

Farmers in the United States employ more foreign workers than nationals. According to a series of interviews conducted in between 2015 and 2016 by DOL, 7 out of 10 farmers are Mexican born (67%) and 83% of all agricultural workers are Hispanic.

Employers who decide to participate in the H-2A program Must prove to DOL That “there are not enough” skilled, willing, and qualified American workers “to do seasonal and seasonal agricultural employment, and that the jobs provided to temporary temporary workers will not adversely affect the soil and working conditions of American workers performing similar tasks.

Below we explain the process for obtaining an H-2A visa, its restrictions and benefits.

H-2A visa process

The H-2A scheme allows agricultural employers who expect a domestic labor shortage to bring foreign farmers to the United States for temporary agricultural work.

The process from the beginning to the end of hiring someone under an H-2A visa takes 75 days, as follows:

The farmer files the work order with the State Labor Organization (SWA).
The farmer files the H-2A application at the Chicago National Processing Center (NPC).
American workers have a draft.
Petitioner presents Form 1-129 U.S. With Citizenship and Immigration Services (USCIS).
Prospective workers apply for an H-2A visa with the US State Department and complete their interview at the US Consulate in their home country.
Authorized Workers U.S. U.S. at port entry.

Information for workers

On the first day of work, the employer must provide each employee with a copy of their contract in the worker’s language. The agreement includes the following:

The start and end date of the contract, as well as the location of the work.
All significant employment conditions such as transportation cost, housing and food.
The number of hours worked per day and the number of days the worker is expected to work.
They are the type of harvest and every job done.
Appropriate rates for each harvest or work.

The contract must specify that all necessary tools, materials and equipment will be provided free of charge, that compensation insurance will be provided at no cost, and that any exemptions required by law will be provided.

Housing, Food and Transport

The employer will provide housing at no cost to H-2A workers who are unable to return to their homes in a reasonable manner on the same day. The employer is required to provide free cooking facilities to each worker three times a day in excess of the cost specified by the DOL. You must also provide daily transportation from the housing provided by the employer to the work site at no cost to the workers.

The employer will not withhold the worker’s passport or immigration documents, nor will he be charged any expense for obtaining the H-2A labor certificate. See Legal protections for H-2A workers.

How long can I work in the United States?

H-2A visas are issued for a period of one year, although each may require two extensions of up to one year. The extension request must be submitted before expiration, and workers may be in the United States during the extension process.

The maximum period of stay is 3 years. After this time, H-2A visa holders must leave the United States 3 times in a row before applying to study under the same type of visa.

Workers receiving an extension are not required to apply for a new visa until they have left the United States, and if they return to their home country, they must apply for a new visa before entering the United States again.

Can I bring my family to the United States?

Yes. An H-2A worker can bring their spouse or unmarried children under the age of 21 under the H-4 classification. However, family members are ineligible to work in the United States.