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Archive for the ‘H2A Visa Agricultural Workers’ Category

H2A Visa – Agricultural Workers

Posted by osrec On January - 13 - 2010 ADD COMMENTS

H2A Visa Overview

An H-2A visa allows a foreign national entry into the U.S. for temporary or seasonal agricultural work. There are several requirements of the employer in regards to this visa. The H-2A 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. Currently in the United States there are about 30,000 temporary agricultural workers under this visa program. All of these workers are supposed to be covered by U.S. wage laws, workers’ compensation and other standards.

Time Limits: Fixed time limits in which the foreign citizen may perform services in the United States. In some cases those time limits may be extended by USCIS in order to permit the completion of the services. Thereafter, the foreign citizen must remain abroad for a fixed period of time before being readmitted as a temporary worker under any classification. USCIS will notify the petitioner on Form I-797 whenever a visa petition, an extension of a visa petition, or an extension of stay is approved under any of the above classifications. The beneficiary may use a copy of Form I-797 to make an appointment to apply for a new or revalidated visa during the validity period of the petition. The approval of a permanent labor certification or the filing of a preference petition for an foreign citizen under the H-1 or L classifications shall not be a basis for denying a visa.

H2A Visa Eligibility

H-2A classification applies to temporary or seasonal agricultural workers.

H2A Visa Notes/Exclusions

USCIS revised H-2A program requirements and regulations, which applies to all petitions filed after January 17, 2009. For more information, petitioners and applicants should review press release on the USCIS website.

H2A Visa Family Members

The spouse and unmarried, minor children of an applicant under any of the above classifications may also be classified as nonimmigrants in order to accompany or join the principal applicant. A person who has received a visa as the spouse or child of a temporary worker (a petition-based NIV), may not accept employment in the United States.

H2A Visa Processing Times may vary: approx from 1 – 6 months

H2A Visa Processing Price (Government Filling Fee): from $320 + Consular fee +Translations

H2A Visa Processing Price (Average Attorney Fee): from $1,000 – $1,500

Who Pays The Fee?:
This is dependent on the visa type. In some cases the employer will pay and in some cases, and if it’s a non sponsored visa the applicant would pay. Some employers may request that you pay your own consulate fees and travel to the country, while others may not. It usually depends on the skill level, the type of position and the type of visa. For some visa types it maybe the law of the country that applicants should not pay any fees.

O2 Visa Detailed STEP BY STEP Guide: Request Info

Hey Guys! Developing detailed, Quality Step by Step guide, based on government rules and our own experience, requires a lot of time and resources. Since there are so many working visas for USA and other Countries, we need your help to understand which working visas information to gather and publish first. Please Press the Request Info link, leave your name, email address, country you are from and the visa name that you would like to get the info about, and then hit the submit button.

The Work Visas, which will get the majority of Requests, will be published first.
They will also be sent to you by email automatically as soon as they have been created.
This info will be a combination of up to date government info, news, outlook and our own substantial knowledge having been in the industry since 1997.The information will be provided free for those that vote, for all others that come after this info is available there will be a charge to cover the cost of research, our expertise and putting it together in a report format.

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