How to Apply for an H-2A Visa: A Step-by-Step Guide
The H-2A program provides temporary, nonimmigrant visas for agricultural employers who need seasonal labor but face a shortage of local workers. The application process can seem complicated due to strict compliance requirements and multiple steps involving different government agencies. Here’s a step-by-step guide to navigate the H-2A application process effectively.
Step 1: Preparing the Job Order
The first stage in applying for an H-2A visa involves preparing and submitting a job order with your State Workforce Agency (SWA). Employers must file a Form ETA-790/790A, which serves as a job order and outlines the terms of employment, including wages, housing, and transportation provisions. This must be done between 60-75 days before the employment start date. The SWA will begin recruiting local U.S. eligible workers for your position, it is highly important that if any local eligible workers apply for your position you must interview them and make note of why you did/did not hire them. If the worker is eligible to work in the U.S. and are qualified, willing, able, and available you must hire them! Should you hire an eligible U.S. worker they would fill one of the spots you requested on your Form ETA-790.
Step 2: Temporary Labor Certification
Next, employers submit a Temporary Employment Certification application (Form ETA-9142A to the Department of Labor’s (DOL) Office of Foreign Labor Certification. This process is essential for demonstrating that hiring foreign workers will not adversely impact U.S. workers’ wages and working conditions. The DOL reviews the job order for accuracy, ensuring compliance with all labor standards, before providing certification. Employers should expect to file this at least 45 days before the anticipated start date.
Step 3: Petitioning with USCIS
Once the Temporary Labor Certification is approved, the employer must submit Form I-129 (Petition for Nonimmigrant Worker) to the U.S. Citizenship and Immigration Services (USCIS). This form formally requests that USCIS classify the foreign worker under H-2A status. It’s crucial for employers to include all necessary documentation with Form I-129, such as the labor certification and proof that the job requirements meet H-2A program standards.
Step 4: Worker Visa Application
After the petition is approved by USCIS, the worker applies for the H-2A visa through the U.S. Department of State (DOS) if they are currently outside the U.S. The worker completes Form DS-160 (Online Nonimmigrant Visa Application), schedules a visa interview, and prepares required documentation, including proof of the approved Form I-129 and a valid passport. At this point, the DOS will issue the visa, allowing the worker to enter the U.S. under H-2A status.
Step 5: Worker Admission
Finally, the worker enters the U.S. on the approved H-2A visa. The worker’s visa specifies that they may only work for the employer listed on the petition. Employers should be aware that they are responsible for providing transportation, housing, and wages that meet regulatory standards throughout the employment period. The worker can remain in the country for the duration of the visa which will reflect the dates approved from your ETA-790. Should the worker be terminated early or finish their job they will only have 30 days from their last working day to either find another job or return to their home country.
Compliance and Record-Keeping
Throughout this process, maintaining compliance with all H-2A program requirements is essential. Employers must provide housing, transportation, and guaranteed wages for a set portion of the employment term. Keeping detailed records of recruitment, wages, hours, and other employment conditions is crucial, as the DOL may conduct audits to ensure compliance.
Using an Agency like FLC Made Easy, LLC.
Using a full-service H-2A agency like FLC Made Easy, LLC is crucial when applying for H-2A visas. Although the process might seem simple on paper, the government expects all documents to be filled out a very specific way and must included all necessary accompanying documents at the time of submission. We have worked with numerous employers that have tried this process on their own and they call us a month in hoping we can pick up where they left off because they are LOST! Unfortunately it is never that easy and oftentimes we have to start from square one to undo the mistakes made on the initial application. This can cause you to fall way behind on your season or potentially end your season altogether, We are a full service agency that helps each and everyone of our clients from start to finish. (Feel free to read more here on what our process looks like) Give us a call today at 828-506-9517 or click here to schedule a free consultation call. We look forward to meeting with you and helping you obtain qualified, English speaking labor!
Conclusion
Navigating the H-2A application process can be complex, but understanding each step helps ensure compliance and smooth processing. By adhering to deadlines, filing accurate paperwork, and preparing to meet DOL and USCIS standards, employers can successfully secure seasonal foreign labor and fulfill their agricultural workforce needs.
