H-2A visa
Because of concern that guest workers might be unfairly exploited, the U.S. Department of Labor Wage and Hour Division is especially vigilant in auditing and inspecting H-2A employers.
Unlike other guest worker programs, there is no cap on the number of H-2A visas allocated each year.
[3] Hiring means an active effort, including newspaper and radio advertising in areas of expected labor supply.
Such recruitment must be at least equivalent to that conducted by non-H-2A agricultural employers in the same or similar crops and area to secure U.S. workers.
The employer must provide free housing to all workers who are not reasonably able to return to their homes or residences the same day.
And upon completion of the work contract, the employer must pay the costs of a worker's subsistence and transportation back to the place of recruitment.
Some special conditions apply when the worker does not return to the area of recruitment because they are moving to another job.
[5][6][7] A job offer (ETA Form 790) must be filed with the State Workforce Agency (SWA) in the area of intended employment between 60 and 75 days before the date of need for workers.
The State Workforce Agency is also responsible for handling job orders for the H-2B visa, but the specific contact person or mailing address may differ.
[8] The job orders are publicly listed by the State Workforce Agency (including on their website).
It must be filed with the Chicago National Processing Center or online through the iCert portal, no less than 45 days prior to the employer's date of need.
[5] In order to approve the certification, the Department must verify that: The employer must submit a Form I-129 (Petition for a Nonimmigrant Worker) on behalf of the prospective worker (beneficiary) with the United States Citizenship and Immigration Services, with the job order (ETA Form 790) and the approved H-2A Temporary Labor Certification as initial evidence.
However, all beneficiaries listed in a single petition must have the same requested start and end date, and they are all approved together.
Forms are automatically expedited given the seasonal and time-sensitive nature of agricultural work, but it is also possible to request Premium Processing Service for $1225 to get an initial response within 15 calendar days.
[11] In general, Form I-129 petitions can be submitted six months in advance of the job start date.
The Eligible Countries List for the H-2A was created through a rule published by the U.S. Department of Homeland Security on December 18, 2008 and effective January 17, 2009.
Currently, the other source countries for H-2A visa holders are mostly from the Americas, in regions physically close to the United States.
Since Fiscal Year 2012, the USCIS has released data on the number of H-2A petitions (Forms I-129) received, approved, and denied, broken down by quarter, U.S. state, and employer.
[26] Note the following caveats: Variation based on the quarter and state reflects seasonal and geographical differences in demand for agricultural labor.
