The H-2A visa program is a federal program designed for agricultural employers who are in need of reliable and consistent labor and are unable to locate enough available, willing, and qualified workers locally. The program allows U.S. employers to hire foreign workers for temporary or seasonal agricultural work.
Partner with a McMinnville H-2A visa lawyer to navigate the complexities of the application process and ensure compliance with all regulations. Schedule a consultation with an experienced business immigration attorney at Youngblood & Associates today.
How to Employ H-2A Workers
Before employers can hire workers through the H-2A program, they are required to file a job order form with their state workforce agency and apply for a temporary labor certification for H-2A workers through the U.S. Department of Labor. Once they have received this certification, the employer must file a petition for nonimmigrant worker (I-129) on behalf of each prospective employee. The final step, after Form I-129 is approved, is for the prospective foreign workers to apply for an H-2A visa at a U.S. Embassy or Consulate and then to seek admission into the United States at a U.S. port of entry.
H-2A workers may stay in the United States for up to the period of time allowed for by the temporary labor certification, up to ten months per year, though employers may extend the H-2A classification for up to 1 year. This request for extension must be accompanied by a new temporary labor certification covering the requested amount of extra time. H-2A workers may stay in the U.S. under the H-2A classification for a maximum of 3 years, and then must leave the country and remain outside of the U.S. for 3 months before seeking H-2A nonimmigrant classification once again. A McMinnville H-2A visa attorney can help ensure all requirements are met throughout this process.
H-2A Visa Program Requirements
In order to qualify for the H-2A classification, there are several things an employer must first do:
- The job you are offering must be temporary or seasonal by nature.
- You must establish that there are not enough available, willing, qualified, and able U.S. workers to fill the position you are offering
- You must demonstrate that the employment of H-2A workers through the program will not result in a negative effect on the working conditions and wages of U.S. workers who are similarly employed.
- You must submit a U.S. Department of Labor temporary labor certification with the H-2A petition.
A knowledgeable H-2A visa lawyer in McMinnville can guide you through these requirements, ensuring your application is thorough and compliant.
How a McMinnville H-2A Visa Attorney Can Help
Youngblood & Associates works to secure H-2A workers exclusively for the nursery and greenhouse industries. Our team is highly experienced in business agriculture and committed to these industries with in-depth knowledge of the nursery business. Our commitment, knowledge, and experience mean that we provide superior representation and support throughout the season. Our McMinnville H-2A visa lawyer will:
- Provide 1-on-1 legal consultation to determine labor needs
- Work to secure visas for your requested H-2A workers or recruit a workforce for you
- Be available to answer questions from your HR and payroll staff on requirements of the H-2A visa program
- Counsel your business in housing requirements for your employees
- Provide audit support
Ready to secure the labor you need? Contact us today to discuss how we can assist your business.
(931) 274-7811 