H-2A Temporary Visa Lawyer
Contact a Montgomery County Immigration Attorney
U.S. employers or U.S. agents who meet certain regulatory criteria may
apply to bring foreign nationals into the United States to provide temporary
agricultural work through the U.S Citizenship and Immigration Services’
(USCIS) H-2A program. As with any immigration matter, petitioning for
H-2A visas can be complex and involve a myriad of different laws, requirements
and regulations, exposing employers to a wide margin for error.
If you are an agricultural employer in need of temporary or seasonal work, the
Montgomery County immigration attorneys at USILaw can walk you through the application process with ease and ensure
your compliance with all federal immigration policies. Having been universally
praised by past clients for our unmatched service and skills, we can provide
the personalized attention your case needs and maximize your chances of
approval for your petition.
Get in touch with us online or call (800) 335-8520 today to discuss your case.
Who May Qualify for an H-2A Visa?
Agricultural employers must satisfy several requirements in order to be
approved for H-2A nonimmigrant classification, including:
1. Offer a job that is
temporary or seasonal
2. Show that there are not enough U.S. workers to do the work
3. Show that employing H-2A workers will not impact the wages and working
conditions of similarly employed U.S. workers
4. Submit a single valid temporary labor certification from the U.S. Department
of Labor along with the H-2A petition
To petition for participation in the H-2A program, qualifying employers
must submit Form 1-129 to the USCIS. Upon approval, employers must have
their prospective workers apply for an H-2A visa with the U.S. Department
of State either at an abroad U.S. embassy, consulate, or port of entry.
H-2A petitions may only be approved for nationals of approved countries
as designated by the Secretary of Homeland Security (DHS). To view the
full list of approved countries, visit
What Protections Do H-2A Workers Have?
All workers granted H-2A status are protected by all U.S. wage laws, workers’
compensation, and mandates under the Affordable Care Act. The United States
Department of Labor Wage and Hour Division is particularly watchful of
guest workers and frequently conducts audits of H-2A employers to ensure
their compliance with all applicable laws.
In addition, H-2A employers are required to provide temporary workers with
1. Inbound and outbound transportation
2. No-cost housing
3. Tools and supplies
4. Three meals per day, or free and convenient cooking materials
H-2A temporary workers may only stay as long as designated on their temporary
certification, which can be anywhere from a few months to up to three
years. Workers who have held H-2A temporary worker status in the United
States for a total of three years must leave the country and remain outside
for a minimum of three months before reapplying as an H-2A nonimmigrant.
Families and children of H-2A workers may seek admission to the United
States under H-4 nonimmigrant classification, though they will not be
eligible for employment under this status.
Get USILaw On Your Side Today
Our Montgomery County immigration lawyers are passionate about helping
clients from all walks of life legally enter and work in the United States.
Whether you are an employer or an individual looking to gain H-2A status,
we can provide the support you need to maximize your chances of success.
To find out more about how we can assist you,
schedule an initial consultation
with our office online today.