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WORK VISA H2A Visa for Agricultural Workers

The H-2A visa is designated for individuals who will be employed as seasonal agricultural workers. The H-2A visa may be issued for a period up to eleven months and may be extended for a three year total duration. There is no numerical limit to the number of H-2A visas issued. A single petition may be used to sponsor a large number of H2-A visas if:

  • they will perform the same services;
  • they will work at the same location; and
  • they obtain their visa stamp through the same US Consulate.

Spouses and children of H2A visa holders may enter and remain in the U.S. in H4 status. H4 visa holders may attend school in the US but cannot accept employment.

For whom is a H-2A Visa appropriate?

Foreign agricultural workers who will work for US companies to provide labor or services of a temporary or seasonal nature

What are the requirements for obtaining an H-2A Visa?

An H-2A petitioner must establish that the employment proposed in the certification is of a temporary or seasonal nature. Employment is of a seasonal nature where it is tied to a certain time of year by an event or pattern, such as a short annual growing cycle or a specific aspect of a longer cycle, and requires labor levels far above those necessary for ongoing operations. Employment is of a temporary nature where the employer's need to fill the position with a temporary worker will, except in extraordinary circumstances, last no longer than one year.

Alcala Immigration Law Firm can help you with this process. Contact us at: Consultations@VisasUSA.com; by phone at (801) 886-1111 for Utah or (800) 715-3851 outside Utah.

Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.



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